This writ application has been filed for quashing the notification No. FOR-79/77 dated 16th August 1978 issued by the Govt of Arunachal Pradesh declaring Khanpoi Anchal Reserve Forest, the order No. AND/ 49/91 /2451 -56 dated 19th March 1993 issued by the Divisional Forest Officer, Namsai Forest Division, cancelling the no objection certificate earlier issued in favour of the petitioner and the continuation of the proceeding by the Deputy Commissioner, Lohit District towards cancellation of the land possession certificate earlier granted in favour of the petitioner with further prayer for a direction to the State Govt and the respondents to forbear from giving effect to the aforesaid notification No. FOR-79/77 dated 16th August 1978 and the order No. AND/49/91/2451-56 dated 19th March, 1993 and not to proceed further in the proceeding towards cancellation / of the land possession certificate earlier granted to the petitioner.

2. The brief facts of the case are as follows.

3. That the petitioner is-a citizen of India and the permanent resident of Village Inju in the district of Lohit, Arunachal Pradesh. He is a local Tribal agriculturist belonging to Khamti Scheduled Tribe Community. The petitioner owns and possesses more than 1956 Hectares of land at village Inju through inheritance from his ancestors who were in continuous possession and enjoyment of it for many generation, the Singphos and Khamtis including the ancestors of this petitioners were the first settlers of the vast area covering about 140 sq. kilometers including above mentioned land now surrendered by Tuning Khanpoi Anchal Reserve Forest, Tenga Pani Forest Reserve, Lai Reserve Forest and common Lohit-Tirap Boundary. Tea is a favourite beverage for the local Tribe which they used to have from the native plantations they did to meet their household needs. Such tea bushes are still standing in places here and there in aforesaid land possessed by the petitioner.

4. Being encouraged by the suitability of the said soil on scientific analysis, to facilitate commercial growth,' the petitioner pioneered a venture to set up an agro-based industry through two registered companies i.e., Chow Alung Agro Ltd and Kung Inju Agro Pvt Ltd by planting tea oh about 1000 hectares of above said land belonging to the petitioner to boost the economy of the industrially backward State of Arunachal Pradesh in the aforesaid 1000 hectares of land of Arunachal Pradesh. The aforesaid 1000 hectares of land of the petitioner is bounded by North Tellai River. East - by Tellai Village and BTP Road, South - by USF of Ingu village and West by Inju village of Singpho Village area. The said land also falls within area of Wakro Anchal S amity.

5. In the State of Arunachal Pradesh there is no system of issuing documents of title from the State Govt, therefore, the private land owners do not have any land documents to show the title of the land. To obtain financial assistance from the financial institutions like nationalised Banks, Tea Boards, Coffee and Rubber Board etc, the Govt of Arunachal Pradesh has introduced a policy for issue of possession certificate to the owner of private land and such certificate is considered most essential by the individual for obtaining, financial assistance from various financial institutions. The procedure prescribed for issue of land possession certificate is that the land owners No.l. Certificate from Forest Department mentioning that the land in question does not fall under Reserve Forest area, 2. Certificate from the Village Council/Village Headman/Vice-President Anchal S amity that the land is actually owned by the applicant, sketch map of the land and on receipt of the above applications, the Administrative authority of the locality shall inspect and measure the land in question with survey team for which he shall issue a notice as per form prescribed with a copy to Gaon Bura (Village Headman), Gram Panchayat Member, Anchal Samity Member, applicant and persons holdin

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