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GAUHATI HIGH COURT
A.K.Patnaik, M.Sharma, JJ.
T.C.Teli, MLA -Appellant
Versus
Union of India -Respondent
Civil Rule (PIL) No. 20 of 1997
Decided On : 08-09-1997
CONSTITUTIONAL LAW - ARTICLE 131 - ARTICLE 226 - DISPUTE BETWEEN STATES - JURISDICTION OF SUPREME COURT AND HIGH COURT - PUBLIC INTEREST LITIGATION - MAINTAINABILITY - LEGAL RIGHTS OF PEOPLE AFFECTED OR THREATENED - ENCROACHMENT ON PUBLIC LAND - REASONABLE PROCEDURE FOR REMOVAL - ARTICLE 21 OF THE CONSTITUTION - PROTECTION OF RIGHT TO LIVELIHOOD - DEMOLITION OF STRUCTURES - LEGAL RIGHT TO ENCROACH - RULE 18 OF THE RULES MADE UNDER THE ASSAM LAND & REVENUE REGULATION - POLITICAL CONTROVERSY - JUDICIAL REVIEW.
Fact of the Case:
A public interest litigation was filed by an MLA of Arunachal Pradesh challenging the eviction drives and demolition of infrastructure in areas bordering Assam. The petitioner relied on agreements between the Chief Ministers of Assam and Arunachal Pradesh for maintaining status quo in disputed areas and alleged breach of these agreements by the forest officials of Assam.
Finding of the Court:
The Court held that the dispute raised in the writ petition was not between the two States and hence, Article 131 of the Constitution conferring exclusive original jurisdiction on the Supreme Court did not apply. The Court further held that the writ petition did not disclose any specific violation of legal or fundamental rights of the people residing in the border areas and hence, it was not maintainable under Article 226 of the Constitution.
Issues: 1. Whether the dispute raised in the writ petition was between the two States and hence, fell under the exclusive original jurisdiction of the Supreme Court under Article 131 of the Constitution? 2. Whether the writ petition disclosed any specific violation of legal or fundamental rights of the people residing in the border areas and hence, was maintainable under Article 226 of the Constitution?
Ratio Decidendi: 1. The Court held that the dispute raised in the writ petition was not between the two States as it was filed by an MLA to safeguard the rights of the people of Arunachal Pradesh residing in the border areas. The Court relied on the judgments of the Supreme Court in State of Bihar vs. Union of India, State of Karnataka vs. Union of India, State of Rajasthan vs. Union of India and Union of India vs. State of Rajasthan, which held that only disputes between the Union of India and one or more States, or between the Union of India and any State or States on one side and one or more other States on the other, or between two or more States, fall within the ambit of Article 131 of the Constitution. 2. The Court held that the writ petition did not disclose any specific violation of legal or fundamental rights of the people residing in the border areas. The Court noted that the petitioner had not pleaded any facts showing that the eviction drives and demolition of structures were carried out in areas where the people had a legal right to encroach or erect structures. The Court also noted that the petitioner had not pleaded any facts showing that the eviction drives and demolition of structures were carried out without following a reasonable procedure.
Final Decision: The Court dismissed the writ petition holding that it was not maintainable under Article 226 of the Constitution as it did not disclose any specific violation of legal or fundamental rights of the people residing in the border areas.
This is a public interest litigation filed by Shri Tana Ckamdir Teli, Member of Legislative Assembly of 14 Doimukh Assembly Constituency (ST Constituency) of the State of Arunachal Pradesh for certain reliefs against the eviction drives and demolition of the existing infrastructure and amenities available in the areas bordering Assam and Arunachal Pradesh comprised in the said 14 Doimukh Assembly Constituency.
2. The facts as stated in the writ petition briefly are that prior to January 21, 1972 the areas now comprised in the State of Arunachal Pradesh were part of the State of Assam. By the North Eastern Areas (Re-organisation) Act, 1972, these areas were formed into a Union Territory with effect from 21st January, 1972, and the said Union Territory was named as Arunachal Pradesh, and subsequently the said Union Territory was converted into the State of Arunachal Pradesh. But after the constitution of the said Union Territory and the State of Arunachal Pradesh, the demarcation of territorial boundaries between the State of Arunachal Pradesh and the State of Assam was to take place and various meetings between the representatives of the two States took place from time to time for the said purpose of demarcation. On 11.1.1976 a meeting was held at Itanagar attended amongst others by the then Chief Minister of Arunachal Pradesh, Shri P.K. Thungon, and the then Home Minister of Assam, and it was, inter alia, agreed in the said meeting for review of boundary demarcation that pending study of the concerned cases, no eviction would be undertaken from either side of the inner line and the status quo would be maintained. Thereafter, on 20th March, 1979 a second round of discussion was held pursuant to some incidents resulting in tension in the Assam Arunachal Pradesh border and pursuant to the said discussion it was, inter alia, agreed by the Chief Minister of Arunachal Pradesh that they would take steps to restrain the people of Arunachal Pradesh from any attempted encroachment on the Assam side, and it was agreed by the Chief Minister of Assam that he would withdraw the Armed police from the border with a view to defuse tension. It was further agreed in the said meeting held on 20.3.79 by the two Chief Ministers that in the event of Assam Govt finding it necessary to carry out eviction in any area, the Arunachal Pradesh Govt would be informed about the same before-hand so that they could either arrange for the withdrawal of the encroachers themselves or depute an officer to be present during the eviction. On 22.5.83, a tripartite meeting was held comprising of the representatives of the Union Govt. Assam Govt and Arunachal Pradesh Govt. The said meeting, in which the Chief Ministers of Assam and Arunachal Pradesh were present, noted that the High Powered Tripartite Committee comprising of the representatives of the Govt of Assam and Arunachal Pradesh and Survey of India had delineated the entire boundary on the map and that the ground demarcation had also been done for 396 KMs of Assam-Arunachal Pradesh boundary leaving 308 KMs of the boundary to be demarcated on the ground, and it was agreed in the said meeting that the Survey of India should be requested to undertake the ground demarcation of the remaining portion of the boundary immediately and complete it within December, 1983. At the said meeting held on 22.5.83, the two Chief Ministers further agreed that instructions would be issued to the officials of both the sides to exercise restraint and to ensure that matters were not precipitated and peace maintained all along the border. Again on 30.1.84, the two Chief Ministers met at Sibsagar in Assam and reviewed the progress of demarcation of boundary between the two States. On 24.9.85, the Chief Secretaries of the States of Assam and Arunachal Pradesh discussed the progress of ground survey of the boundary between the two States at Guwahati. On 25.2.86, the Chief Ministers of Assam and Arunachal Pradesh met again
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