NYAI KAMDUK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. N. Danggen, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing counsel for the Land Management Department representing the respondent Nos. 1 and 2, Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 3 and 4 and Mr. D. Boje, learned counsel for the respondent No.5.

(2.) This is a writ petition filed under Article 226 of the Constitution of India, wherein the legality and validity of the impugned order dtd. 10/6/2013 is challenged, which was the approval for allotment of the disputed land at Yoji-Yora (Pakam) under Local Survey Plot No. 21 in favour of the private respondent No.5 and the impugned allotment order dtd. 29/4/2016, of the disputed land to the private respondent No.5.

(3.) Ms. N. Danggen, learned counsel for the petitioner submits that the disputed plot of land i.e. Local Survey Plot No.21 located in the area called Yoji-Yora was donated by the villagers of Pakam. The petitioner's late father was one of the main donors of the said area for the establishment of Aalo town, for which a commendation certificate was also awarded to his late father. The said area used to be occupied by Shastra Seema Bal (SSB), a para military force, however, after their relocation, sometime in the year 2002-03, the government had allotted some portion of the land to various individuals. The villagers of Pakam were of the belief that the land should be reverted back to them and therefore, they had filed a W.P.(C) 283 (AP) of 2005 the High Court. In its order dtd. 22/8/2005 the said writ petition was disposed of with a direction for the Deputy Commissioner to dispose of the representations of the villagers. Subsequently, the Deputy Commissioner vide an order dtd. 16/11/2005 rejected the representations of the villagers of Pakam, on the ground that there is no sufficient evidence that the land was not permanently donated to the Government. However, it was not disputed that the land of Yoji/Yora originally belonged to the villagers of Pakam. Theappeal filed by the villagers was also rejected on the ground that there was no evidence that the land was not permanently donated by the villagers to the Government.