JANITA RIBA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By making this application under Article 226 of the Constitution of India, the petitioner, who claims to own no land of her own, has approached this Court with prayer to issue appropriate writ(s) directing the respondents to regularise and/or allot, in favour of the petitioner, the land measuring about 150 sq metres located at Sector C, Naharlagun, in the district of Papumpare, bounded on the North by main road and on the South, East and West by Govt quarters, in terms of the Govt policy/instructions/guidelines/directions issued by the respondent No.2 vide order No. LR/47/84, dated 25.10.94 (Annexure B to the writ petition) addressed to all the Deputy Commissioners in the State of Arunachal Pradesh.

(2.) In anarrow compass, petitioner's case may be put thus: The petitioner, who is a woman belonging to indigenous Scheduled Tribe community of the State of Arunachal Pradesh, has been in possession of the said land since 1990 and she has constructed a RCC building, which is used by her for her business as well as residential accommodation. The petitioner, vide her application dated 2.5.90 (Annexure A to the writ petition) applied to the respondent No.3 for allotment of the said land. After the Govt policy/instructions aforementioned were issued, the petitioner, again made an application, on 12.6.95 (Annexure C to the writ petition) addressed to the respondent No.3 repeating her request for allotment of the said land in her favour. Instead of making allotment to the petitioner as per the Govt policy/instructions aforementioned, the petitioner was threatened on 14.5.2002, by the respondent No. 3 with eviction from the said plot of land by demolishing the structures standing thereon. The petitioner has, therefore, as indicated hereinabove, approached this Court.

(3.) I have heard Mr. T. Michi, learned counsel for the petitioner, and Mr. BL Singh, learned Senior Govt Advocate appearing on behalf of the respondents.