KHUDIRAM CHAKMA Vs. UNION TERRITORY OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Petitioner has filed this writ petition as Gaon Bura of Joypur Village Diyun Circle of Miao Sub-Division, Tirap District, Arunachal Pradesh, for himself and on behalf of his co-villagers challenging the Annexure 5 notice dated 15-2-84 issued by the fourth respondent directing them to shift to vacant land at Gautompur and Moitripur village in the District of Tirap, Arunachal Pradesh.

(2.) The case of the petitioner is that he along with 56 families migrated to India on 30/03/1964 from erstwhile East Pakis-tan, now Bangladesh, due to disturbances and fear of disturbances prevailing there at that time and took shelter in a Government camp. They first came to Ledo in Assam and thereafter they were taken to Bettiah, Bihar -and later they were taken to Abhayapur Block in Diyun Circle of Tirap District. Arunachal Pradesh in 1966. The petitioner and other 56 families are Chakma of erstwhile East Pakis-tan. While in Abhayapur block the petitioner and other families negotiated with local Raja, Nirigrunong Singpho of Dhomba Basti, who donated one sq. mile area of his land in favour of the petitioner as per the Annexure 1 document dated 20-11-72. In the said An-nexure 1, the Raja specifically mentioned that the land which he proposed to donate was jungle land and it was not possible for him to cultivate the land as wild beasts created troubles by damaging crops. The Raja felt that if he donated the said land to the Chakma people, they would be able to clear the land and cultivate thereon and that would help him to protect his crops from wild beasts in his other land. On these considerations, the Raja donated the said land. Thereafter, the peti-tioner was appointed Gaon Bura (Village Headman) of Miao Circle of Tirap District by the then Deputy Commissioner of Khonsa District by Annexure 2 order dated 20-11-75. By Annexure 2 letter dated 26-4-76, the then Extra Assistant Commissioner, KVR Chari, declared that the land donated by the Raja-Ningrunong Singpho of Joypur village was approved by the Deputy Commissioner, Khonsa.

(3.) The petitioner further stated that some Deori families who were also allotted lands adjacent to their land, attempted to encroach upon their land and, therefore, a complaint was lodged before the authority concerned. On their complaint, the Executive Magis-trate, Miao, by Annexure 4 order dated 30-5-77 informed the Raja, Ningrunong Rajkumar of Joypur village that the Chakma people would be allowed to continue to cultivate on the land under their occupation. He was further informed that some Deori families attempted to encroach upon the land, and, therefore, he was directed to turn them out from the land allotted to Chakma people. Copies of this order were sent to the peti-tioner, the Circle Officer, Diyun and Gaon-bura of Joypur village. The petitioner averred that by dint of their labour and efforts they developed the land and started cultivation. Besides, they also established a few small scale industries on the said land. On their achieve-ment the people living in the adjoining areas became jealous, and, therefore, attempted to dislodge them from the land in various ways. The petitioner as well as the other Chakma people made complaints to various auth-orities, but no action was taken by any authority. On the other hand, to their utter surprise, by impugned Annexure 5 order dated 15-2-84, the fourth respondent directed the Chakma of Joypur village to shift to the vacant land at Gautampur and Moitripur village latest by 25-2-84. Copies of this order were also sent to the petitioner the Deputy Commissioner, Tirap District, Khonsa and Extra Assistant Commissioner, Miao, for information and necessary action. On receipt of Annexure 5 order, the petitioner on behalf of Chakma people submitted a representation to the Chief Minister, Arunachal Pradesh, stating the entire facts and prayed for his intervention in the matter and also for direction to the authority to stay further proceedings in the matter of eviction and also to give formal settlement of the said land to them. In spite of the representation, no action was taken; hence the petitioner has filed this writ petition challenging the Annexure 5 order dated 15-2-84 praying for issue of a writ in the nature of Mandamus and/or certiorari or prohibition or any other appropriate writ or direction.