LAWS(GAU)-2012-4-123

SENGO TAIPODIA Vs. STATE OF ARUNACHAL PRADESH

Decided On April 03, 2012
Sengo Taipodia Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) THE legality and validity of order dated 25 -10 -2010 passed by the Addl. Deputy Commissioner cancelling the plot of land allotted to petitioner has been challenged under Article 226 of the Constitution of India.

(2.) I have heard Mr. I. Riram, learned counsel appearing on behalf of the petitioners and Ms. G. Deka, learned Addl. Sr. Govt. Advocate for the State respondents. Also heard Mr. K. Jini, learned Standing Counsel appearing on behalf of the respondent No.2 and Mr. Muk Pertin, learned CGC, on behalf of the respondent Nos. 8 and 9.

(3.) THE petitioners case is that his forefathers donated their huge part of land for establishment of Likabali Township. His father, however, retained some areas near the BRTF which were then outside the Town area known as Liru Village. The petitioners applied for Land Possession Certificate and after necessary formalities i.e. verification, public notice and Forest Clearance etc. the Sub -Divisional Officer issued the Land Possession Certificate in favour of petitioners vide Land Possession Certificates dated 04 -08 -2010 and 01 -04 -2010. All of a sudden, the petitioners were informed that their Land Possession Certificates (LPCs) were cancelled. The petitioners through RTI application came to know that the allotment order was cancelled without observing any procedure. The impugned cancellation order was purportedly said to have issued on public complaint dated 01 -11 -2010 to the Chief Secretary, Govt. of Arunachal Pradesh whereas the verification was carried out without any notice.