1992 Supreme(Gau) 82

GAUHATI HIGH COURT
U. L. BHAT, C. J. AND D. N. BARUAH, JJ.
Khudiram Chakma -Appellant
Versus
Union Territory of Arunachal Pradesh and others -Respondent
Civil Rule No. 166 of 1984
Decided On : 30-04-1992

The State Government has the authority to restrict the movement of foreigners under the Foreigners Order, 1948, and the Bengal Eastern Frontier Regulation, 1873, which is applicable to the State of Arunachal Pradesh.

Headnote:

FOREIGNERS - CITIZENSHIP - MIGRATION - SETTLEMENT - INNER LINE - REGULATION - MOVEMENT RESTRICTION - ARBITRARINESS - REASONABLENESS - NATURAL JUSTICE - FUNDAMENTAL RIGHTS - COMPENSATION - PUBLIC INTEREST - REVIEW OF DECISION.

Fact of the Case:

Petitioner, a Gaon Bura of Joypur Village, filed a writ petition challenging the notice issued by the respondents directing the Chakma people to shift to vacant land in Gautompur and Moitripur village in the District of Tirap, Arunachal Pradesh. The petitioner and other Chakma families migrated to India from erstwhile East Pakistan (now Bangladesh) in 1964 due to disturbances and fear of disturbances prevailing there at that time and took shelter in a Government camp. They were initially taken to Ledo in Assam and thereafter to Bettiah, Bihar, and later to Abhayapur Block in Diyun Circle of Tirap District, Arunachal Pradesh in 1966. The petitioner and other families negotiated with the local Raja, Nirigrunong Singpho of Dhomba Basti, who donated one sq. mile area of his land in favor of the petitioner as per the Annexure 1 document dated 20-11-72. The petitioner 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. The petitioner and other Chakma people developed the land and started cultivation. They also established a few small scale industries on the said land. However, some Deori families who were also allotted lands adjacent to their land, attempted to encroach upon their land, leading to a complaint being lodged before the authority concerned. The Executive Magistrate, 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. The petitioner challenged the impugned Annexure 5 notice dated 15-2-84 issued by the fourth respondent directing them to shift to the vacant land at Gautampur and Moitripur village latest by 25-2-84, contending that fundamental rights guaranteed under the Constitution of India are violated and the actions of the respondents are violative of principles of natural justice. The impugned Annexure 5 notice is illegal, arbitrary and not informed of any reasons.

Finding of the Court:

The Court held that the petitioner and other Chakma families are not citizens of India but foreigners under the Foreigners Act, 1946. The State Government has the authority to restrict the movement of foreigners under the Foreigners Order, 1948, and the Bengal Eastern Frontier Regulation, 1873, which is applicable to the State of Arunachal Pradesh. Under this Regulation, no person who is not a native of the "district" can acquire any interest in land or the product of land beyond the "Inner Line" without the sanction of the State Government or such officer as the State Government appoints in this behalf. The impugned Annexure 5 order is not arbitrary, devoid of reason, or violative of the provisions of the Constitution. However, the Court directed the State of Arunachal Pradesh to compensate the Chakmas for the money and labor invested by them in the present land before they are shifted to the alternate site and to make all arrangements for settling down them in the alternative land by constructing houses and other necessary structures and arranging for the supply of drinking water before they are shifted to the alternate site. The Court also stated that this judgment shall not stand in the way of the Government reviewing its earlier decision to shift the Chakmas from the existing land and allowing them to stay on in the land or any part of it, considering the public interest.

Issues: 1. Whether the petitioner and 56 Chakma families now settled in Miao, Arunachal Pradesh, are citizens of India or foreigners? 2. If they are not citizens of India, whether the authorities concerned have the right to give direction to those Chakma people to move to another place? 3. Whether the impugned Annexure 5 order dated 15-2-84 is arbitrary, devoid of reason and violative of the provisions of Constitution.

Ratio Decidendi: 1. The petitioner and other Chakma families are not citizens of India but foreigners under the Foreigners Act, 1946. 2. The State Government has the authority to restrict the movement of foreigners under the Foreigners Order, 1948, and the Bengal Eastern Frontier Regulation, 1873, which is applicable to the State of Arunachal Pradesh. 3. Under this Regulation, no person who is not a native of the "district" can acquire any interest in land or the product of land beyond the "Inner Line" without the sanction of the State Government or such officer as the State Government appoints in this behalf. 4. The impugned Annexure 5 order is not arbitrary, devoid of reason, or violative of the provisions of the Constitution.

Final Decision: The writ petition was disposed of as follows: (a) The Court declined to quash Annexure-5 notice. (b) The Court directed the State of Arunachal Pradesh to compensate the Chakmas for the money and labor invested by them in the present land before they are shifted to the alternate site and to make all arrangements for settling down them in the alternative land by constructing houses and other necessary structures and arranging for the supply of drinking water before they are shifted to the alternate site. (c) The Court stated that this judgment shall not stand in the way of the Government reviewing its earlier decision to shift the Chakmas from the existing land and allowing them to stay on in the land or any part of it, considering the public interest. (d) There shall be no order as to costs.