GAHC040006682020

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

Case No. : WP(C) 262/2020

1:JARO CHEGE S/O LT. TACHAK CHAGE, RESIDENT OF TYPE-I BOSSO COLONY, PO/PS SEPPA, DISTRICT EAST KAMENG, AP.

VERSUS

1:The State of AP and Others REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVT. OF AP, ITANAGAR.

2:THE DEPUTY COMMISSIONER SEPPA EAST KAMENG DISTRICT AP.

3:THE ADDITIONAL DEPUTY COMMISSIONER SEPPA EAST KAMENG DISTRICT AP.

4:THE ESTATE OFFICER SEPPA EAST KAMENG DISTRICT AP.

5:THE DIRECTOR LAND MANAGEMENT DEPARTMENT GOVT. OF AP ITANAGAR.

6:THE DISTRICT LAND REVENUE AND SETTLEMENT OFFICER SEPPA EAST KAMENG DISTRICT GOVT. OF AP.

7:METU BAGANG S/O SHRI CHAKAP BAGANG RESIDENT OF TYPE-I BOSSO COLONY PO/PS SEPPA DISTRICT EAST KAMENG AP

Advocate for the Petitioner	:	Ninnong Ratan
		K Loya
		D Ado
		T Ete
		B Taipodia
Advocate for the Respondent :	•	GA (AP)
		D Kamduk, SC(LM Deptt)

BEFORE HONBLE MR. JUSTICE NANI TAGIA

ORDER

Date : 01-10-2020

Heard Mr. N. Ratan, learned counsel appearing on behalf of the petitioner.

Also heard Mr. I. Riram, learned Addl. Senior Government Advocate, appearing on behalf of Respondents No. 1, 2, 3 & 4; and Mr. D. Kamduk, learned standing counsel, Land Management Department, Government of Arunachal Pradesh, appearing on behalf of Respondents No. 5 & 6.

By means of this writ petition under Article 226 of the Constitution of India; the petitioner has put to challenge the order, dated 07.09.2020, issued by the Additional Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. LM/EVICTION/20 whereby the illegal structures constructed by the petitioner, have been directed to be evicted on 11.09.2020 by the Executive Magistrate, Seppa; and the order, dated 28.09.2020, issued by the Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. SPA/DC/LM/2020, upholding the order, dated 07.09.2020, passed by the Additional Deputy Commissioner, East Kameng District, Seppa, by dismissing the appeal so filed by the petitioner against the order, dated 07.09.2020, passed by the Additional Deputy Commissioner, East Kameng District, Seppa, with a further direction that the Estate Officer shall remove the illegal structure constructed by the petitioner before 04.10.2020, positively.

According to the petitioner, he was allotted a plot of land measuring 30 sq. mtrs. for residential purpose in Type-I Colony, Seppa, by the Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. LM-132(A)/2010-11 dated 31.01.2013. On the strength of the aforesaid allotment order, dated 31.01.2013; the petitioner had constructed a RCC structure thereon and in addition thereto, the petitioner is also in excess possession of 54 sq.mtrs. of land adjacent to his allotted plot of land measuring 30 sq.mtrs., wherein also, RCC structures have been constructed by him. In the meanwhile, the private Respondent No. 7 was also allotted a plot of land measuring 252 sq.mtrs. for residential purpose at Type-I Colony, Seppa, by the Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. LM-132(A)/2010-11 dated 16.01.2014. The land allotted to the Respondent No. 7 is inclusive of the excess land possessed by the petitioner as a result of which, a dispute arose between the petitioner and the private Respondent No. 7, leading to a proceeding being drawn-up by the Additional Deputy Commissioner, East Kameng District, Seppa, and consequent thereto, the impugned order, dated 07.09.2020, was passed by the Additional Deputy Commissioner, East Kameng District, Seppa, directing the Executive Magistrate, Seppa, to evict the illegal structure of the petitioner and thereafter, the impugned order, dated 28.09.2020, was passed by the Deputy Commissioner, East Kameng District, Seppa, upholding the impugned order, dated 07.09.2020, passed by the Additional Deputy Commissioner, East Kameng District, Seppa, with a further direction to remove the illegal structure of the petitioner before 04.10.2020, positively.

The petitioner by preferring this writ petition, contends that as the dispute with regard to the land, in question, is between the petitioner and the private Respondent No. 7, which land stands allotted to the petitioner as well as the private Respondent No. 7; the disputed land, therefore, cannot be a public premise as defined under the Arunachal Pradesh Public Premises(Eviction of Unauthorized Occupants) Act, 2003, and hence, neither, the Additional Deputy Commissioner, East Kameng District, Seppa, acting as an Estate Officer, nor, the Deputy Commissioner, East Kameng District, Seppa, acting as an appellate authority, under the Arunachal Pradesh Public Premises(Eviction of Unauthorized Occupants) Act, 2003, could have assumed the jurisdiction to adjudicate the matter relating to a disputed land. The petitioner, accordingly, contends that the impugned orders, dated 07.09.2020, and 28.09.2020, passed by the respondent authorities, mentioned above, are, without jurisdiction.

Considering the nature of contentions raised by the petitioner as highlighted hereinabove, let notice of motion be issued calling upon the respondents to show cause as to why a Rule should not be issued as prayed for; and/or why such further or other order(s) should not be passed as to this Court may deem fit and proper.

The notice is made returnable in 6 weeks.

As Mr. Riram, learned Addl. Senior Government Advocate, and Mr. Kamduk, learned standing counsel, Land Management Department, Government of Arunachal Pradesh, have accepted notices on behalf of their respective respondents; no formal notice is required to be sent to the said respondents. However, they shall be provided with the requisite extra copies of the writ petition during the course of the day.

Learned counsel for the petitioner shall take necessary steps for causing service of notice upon the private Respondent No. 7, by registered A/D post as well as by usual process within 3 days from today.

Pending return of the notice, in the interest of justice; in the interim, till the returnable date, the operation of the impugned order, dated 07.09.2020, issued by the Additional Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. LM/EVICTION/20 whereby the illegal structures constructed by the petitioner, have been directed to be evicted on 11.09.2020 by the Executive Magistrate, Seppa; and the impugned order, dated 28.09.2020, issued by the Deputy Commissioner, East Kameng District, Seppa, vide Memo. No. SPA/DC/LM/2020, upholding the order, dated 07.09.2020, passed by the Additional Deputy Commissioner, East Kameng District, Seppa, by dismissing the appeal so filed by the petitioner against the order, dated 07.09.2020, passed by the Additional Deputy Commissioner, East Kameng District, Seppa, with a further direction to the Estate Officer to remove the illegal structure constructed by the petitioner before 04.10.2020, positively, shall remain stayed.

List it after 6 weeks.

JUDGE

Comparing Assistant