Judgment

MOHAN, J.:- Leave granted.

2. Both these Civil Appeals arise out of the judgment of the Gauhati High Court dated 3th April, 1992 rendered in CR No. 166 of 1984 (reported in AIR 1992 Gau 105). The short facts are as under:

3. The parties will be referred to as the appellant and the State of Arunachal Pradesh.

4. The appellant along with his family members and other 56 families migrated to India on 30th March, 1964 from erstwhile East Pakistan, now Bangladesh, due to disturbances prevailing at that time. They took shelter in a government camp at Abhayapur Block in Tirup District.

5. The appellant and other 56 families are known as Chakmas of the erstwhile East Pakistan. They being the refugees were given shelter in government camp at Ledo in the District of Dibrugarh, Assam. Later on, in 1966, they were shifted to the Camp at Miao within the State of Arunachal Pradesh.

6. Arunachal Pradesh was called NEFA (North East Frontier Agency) prior to 1972. On 21st January, 1972 it was given the status of Union Territory of Arunachal Pradesh. It became a full-fledged State on 20th February, 1987. Geographically, it is situated on the north-east of India and has a long international border with Bhutan, China and Burma (Burma presently called Myanmar). It is the largest State area wise in the north-east region, even larger than Assam which is the most populous State. The population of Arunachal Pradesh according to the 1981 census is 6.32 lakhs. It is scattered over 12 towns and 3,257 villages. There are 26 major tribes. Broadly speaking, the people in the State can be divided into three cultural groups, on the basis of their socio-regional affinities.

i) The monpas and Sherdukpens of Tawang and West Kemeng District;

ii) Khamptis and Singhphos inhabiting the entire eastern part of the State; and

iii) the Neotes and Wanchos adjoining Nagaland in the Tirup District;

7. In the year 1966, the State Government drew the Scheme known as Chakma Resettlement Scheme for these refugees. Areas were earmarked for their settlement at different parts of the State and accordingly they were asked to move to the areas earmarked for them. In all, 5 Schemes were sanctioned for their settlement (comprising of about 3100 families of refugees) at the cost of more than Rs. 2 crores.

8. The appellants along with 56 families were allotted lands in the villages of Gautampur and Maitripur. There were already a good number of Chakma refugee families who were allotted lands and were living there peacefully. The appellant instead of residing in the said allotted areas under the Resettlement Scheme drawn by the Government, strayed away from it and negotiated with the Local Raja namely Nigrumong Singhpo of Damba for an area of one sq. mile of his private land and got the same from the said Singhpoa through an unregistered deed dated 20th November, 1972.

9. The State would contend that the said transfer is illegal because as per S. 7 of the BEFR, 1873 (Regulation 5 of 1873) no person, who is not a native of the District, would acquire any interest in the land or the produce of the land beyond the inner line without the sanction of the State Government or such officer as the State Government may appoint in this behalf. On the contrary, the stand of the appellant is that since the date of donation they have been residing and cultivating the said land and they have developed the area for habitation purposes.

10. It is further alleged on behalf of the appellant that in 1975, a village panchayat of Joypur village was formed after election of the members. The appellant was appointed as the Gaon Bura of the village. This was with the approval of the Government, in token of which a Sanad dated 20-11-75 was issued in his name. The Deputy Commissioner at Kenonsa approved the transfer and the Extra Assistant Commissioner, Miao by his memorandum No. MR 8(A)/75/8648-51 dated 26-4-76 issued instructions against any attempt to allot the land to other and generally against any eviction of th