(1.) This writ petition, under Article 226 of the Constitution of India, is preferred by Shri Joram Anu, son of Shri Joram Son of Yachuli, Lower Subansiri District challenging the correctness or otherwise of the order, No.LMZ/T/Highway-1/2011, dtd. 30/9/2014, passed by the Deputy Commissioner, Lower Subansiri District, Ziro. It is to be mentioned here that vide impugned order, the learned Deputy Commissioner, Lower Subansiri District, Ziro has cancelled the LPC, granted to the petitioner earlier, without hearing him.
(2.) The factual background, necessary for proper appreciation of the dispute in the case in hand, is adumbrated here in below:-
(3.) The respondents on receipt of notice, entered appearance and submitted affidavit-in-opposition denying the averments made in the writ petition. It was stated that Yachuli Forest Range has 1795.20 Ha., and plantation was created in different years with valuable trees species including tea garden right from the year 1960 by incurring expenditure to the tune of Rs.85,60,575.00 by the State Government. The entire plantation area is under proposal for constituting as ARF/VRF (Anchal Reserved Forest/ Village Reserve Forest) as per public demand and their resolution, wherein administration and Forest Department are urged upon to control and safeguard the same from encroachment by individual inside plantation and illegal felling of trees. Out of the total plantation area, the writ petitioner, Shri Joram Anu has obtained LPC for an area 3500.00 sqm. by fraudulent means with illegal intention for his personal gain. The said plot of MFP (Minor forest Produces) i.e. Tea plantation was raised in the year 1966, which is still in existence. And on obtaining LPC by the petitioner by means of manipulation and fraudulent, one Shri Toko Tei, a conscious citizen of the locality filed one RTI against the LPC obtained inside the forest plantation and then process for verification of the facts to unearth the truth started as per the directives of the State Information Commissioner, Arunachal Pradesh, Itanagar. Thereafter, various committees were constituted by DFO, Ziro, CC, WAC, Banderdewa and the Deputy Commissioner, Ziro to find out the truth. Verifications were carried out and report was submitted and after submission of the verification reports by various committees, and after hearing in the court of RTI Commissioner, the truth was revealed as per field testimony and finding of the committee that the plot against the LPC is very much forest plantation and accordingly, basing on the committee report, NOC issued was called back and on perusal of the various committee report and as per observation of the RTI Commissioner, the then Deputy Commissioner, Lower Subansiri cancelled the LPC of Shri Joram Anu vide order No.LMZ/Can/LPC-1/2011/3739-42 dtd. 7/9/2011. The said order was quashed by the Hon'ble High Court, in a writ petition No. 469(AP)/2011, preferred by the present petitioner Shri Joram Anu and directed to here the petitioner again. And thereafter, conducting hearing on 11/8/2014, the Deputy Commissioner, Lower Subansiri District cancelled the LPC of Shri Joram Anu and 13 others vide No. LMZ/T/Higway-1/2011, dt. 30/9/2014, stating that the subject land in question belongs to the Forest Plantation Area of Yachuli Forest Range. It is also stated that the statements and allegations made in the writ petition are inconsistent and contrary to the records borne out. As such, the order recalling the LPC suffers from no illegality and therefore, the respondents prayed for dismissing the writ petition.