CHOW TAN GOHAIN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ application has been filed for quashing the notification No. FOR-79/77 dated 16th August 1978 issued by the Govt. of Arunachal Pradesh declaring Khanpoi Anchal Reserve Forest, the order No. AND/ 49/91/2451-56 dated 19th March 1993 issued by the Divisional Forest Officer, Namsai Forest Division, cancelling the no objection certificate earlier issued in favour of the petitioner and the continuation of the proceeding by the Deputy Commissioner, Lohit District towards cancellation of the land possession certificate earlier granted in favour of the petitioner with further prayer for a direction to the State Govt. and the respondents to forbear from giving effect to the aforesaid notification No. FOR-79/77 dated 16th August 1978 and the order No. AND/49/91/2451-56 dated 19th March, 1993 and not to proceed further in the proceeding towards cancellation of the land possession certificate earlier granted to the petitioner.

(2.) The brief facts of the case are as follows:

(3.) That the petitioner is a citizen of India and the permanent resident of Village Inju in the District of Lohit, Arunachal Pradesh. He is a local Tribal agriculturist belonging to Khamti Schedule Tribe Community. The petitioner owns and possesses more than 1956 Hectares of land at village Inju through inheritance from his ancestors who were in continuous possession and enjoyment of it for many generation, the Singphos and Khamtis including the ancestors of this petitioners were the first settlers of the vast area covering about 140 sq. kilometres including above mentioned land now surrendered by Tuning Khampoi Anchal Reserve Forest, Tenga Pani Forest Reserve, Lai Reserve Forest and common Lohit Tirap Boundary. Tea is a favourite beverage for the local Tribe which they use to have from the native plantations they did to meet their household needs. Such tea bushes are still standing in places here and there in aforesaid land possessed by the petitioner.