TELI RAJA Vs. BAMANG TAKIO

JUDGEMENT

(1.) I have heard Mr. R. Saikia, learned counsel appearing on behalf of the petitioner and Mr. Tonning Pertin, learned counsel appearing on behalf of the respondent. Also heard Mr. K. Ete, learned Advocate General of the State of Arunachal Pradesh.

(2.) The petitioner got allotment of the plot of land measuring 1200 Sq. Metres at Chandranagar in the year 1982 in lieu of his land at Ganga Village. As the allotted land at Chandranagar was at the verge of erosion being situated on the bank of river, the petitioner applied for alternate allotment. The concerned authority allotted a plot of land at Gophur Tinali in lieu of the land at Chandranagar. Since the allotment on 14-07-1997, he was in occupation of the same. Later in the year 2000, the respondent encroached 2 metres of the land which led the petitioner to lodge complaint against the respondent. A proceeding under 145 Cr.P.C. was initiated, the land was declared in possession of the petitioner and the respondent was directed to vacate the land.

(3.) Thereafter, several complaints were lodged and the respondent continued encroachment & disturbance. He was repeatedly served with eviction notice. The respondent also filed counter complaint claiming the land. Acting on the complaint filed by the respondent on 02-11-2010, the Deputy Commissioner summoned both the parties, constituted a board to find out the duration of occupation of the parties on the disputed land and ultimately passed the impugned order dated 01-03-2011 holding that the petitioner actually was not in possession of the land while applying for allotment. He further directed the concerned Land Management Department to initiate necessary action to cancel the allotment of the said land.