IMAR TAIPODIA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. R Saikia, learned counsel for the petitioner. Also heard Ms. G Ete, learned Addl. Sr. Govt. Advocate for respondent Nos. 1 to 8, Mr. N Ratan, the learned counsel for the respondent Nos. 11 and 12 and Mr. D Kamduk, learned counsel for the respondent Nos. 9 and 10.

(2.) The petitioners being aggrieved of illegal allotment of existing Government land under possession of Public Works Department, Government of Arunachal Pradesh to Ms. Dajum Kena (respondent No. 11) W/O Late Jomde Kena the then MLA and the then Parliamentary Secretary (respondent No. 13 and on his death being struck off vide order dated 30.1.2019) (Tourism)/ Deputy Speaker of the 28th Assembly Constituency, Likabali, District West Siang, Arunachal Pradesh by the Director, Department of Land Management, Government of Arunachal Pradesh (respondent No. 10) on the grounds-

(3.) The brief facts as stated in the petition are that Likabali is the entry point for three districts and as such the Department of Public Work, Government of Arunachal Pradesh occupied land measuring 3404.90 sq. meters and constructed building structures, staff quarters, store building etc. with a view for storing materials for transmission to the three districts. On 13.09.2010 the respondent No. 11 applied in prescribed application form for allotment of the said PWD land at Likabali measuring 1200 sq. meters out of the total land measuring 3404.90 sq. meters for commercial purposes. The said application form clearly mentioned about the existence of the Government RCC building with barbed wire security fencing over the said land. On receipt of the said application, the Lat Mandal and other staff instantly prepared sketch map of the proposed land to be allotted on 13.09.2010 itself and the then Sub-Divisional Officer (SDO), Likabali approved the said sketch map on 13.09.2010 itself. The said SDO, Likabali on the same day also constituted SDLAAB by appointing six number of Officials headed by the SDO himself and three number of non Officials and convened the SDLAAB meeting vide No. LKB/REV-100/09-10/1122-25 dated 13.09.2010 and recommended for allotment of the said Government land in favour of the respondent No. 11. The said SDLAAB observed that the Government building of PWD constructed in the 1980 found damaged due to flood in 1992. The said land was not allotted to any individual and is free from any encumbrance. Hence area measuring 1200 sq. meters for commercial plot was recommended for allotment to the respondent No. 11. It would not be out of place to mention herein that in the said SDLAAB meeting dated 13.09.2010 one of the non official members was Jomde Kena, the then local MLA and the husband of the respondent No. 11. After the recommendation, the SDO, Likabali forwarded the same to the respondent No. 10 on 13.09.2010 itself. The entire process of recommending the Government land for allotment to the respondent No. 11 was done on the same date i.e. on 13.09.2010.