2016 Supreme(Gau) 637
GAUHATI HIGH COURT
Indira Shah, J.
Joram Tapu - Appellant
Versus
State of Arunachal Pradesh - Respondent
WP(C) No.423(AP) of 2012
Decided On : 20-05-2016
For the Respondent:Ms. Geeta Deka and Mr. Kento Jini, Advocate.
Headnote:
Arunachal Pradesh (Land Settlement and Records) Act, 2000 - Section 12 - Land case - Inherited the said plot of land from his deceased father - Received some complaints from some private parties and constituted an Enquiry Committee and in view of the reports submitted by the said Enquiry Committee, another Committee for verification of the LPCs issued in favour of the petitioner, was constituted - Alleged by the petitioner that the Enquiry Committee with an ulterior motive had stated that the Land Possession Certificates (LPCs) obtained by the petitioner falls under the Pine Plantation area - Held, Rights of the petitioner was recorded in the record of rights and there is a dispute between the petitioner and the private respondent with regard to title of land, in question, and, therefore, the civil court was the appropriate forum to adjudicate the matter, at hand - Once the Land Possession Certificates were granted in favour of the petitioner after observing all the procedures laid down in the Act, and it was re-affirmed by the first Enquiry Committee, the findings of the second Enquiry Committee, as discussed earlier, which is not based on evidence and any reason, and based on the report of the second Enquiry Committee, the Impugned order of cancellation of the LPCs issued by the Deputy Commissioner, in favour of the petitioner, is, liable to be set aside and quashed - In view of the above, is hereby set aside and quashed - Petition disposed of.
Heard Mr. Tamar Gadi, learned counsel, appearing on behalf of the petitioner. Also heard Ms. Geeta Deka, learned Senior Government Advocate, appearing on behalf of State respondent Nos.1, 2, 3, 5 and 6. However, none has appeared on behalf of respondent No.4.
2. The petition, herein, had obtained 8 Nos.of Land Possession Certificates (LPCs) from the office of the Deputy Commissioner, Lower Subansiri District, Ziro, Arunachal Pradesh, in respect of-an area measuring approximately 383182.87 sq. mtrs. of land at Mido Pob area of Joram village under the administrative circle of Vachuli. in Lower Subansiri District of Arunachal Pradesh.
3. According to the petitioner, he had inherited the said plot of land from his deceased father. The Deputy Commissioner, Ziro, received some complaints from some private parties and constituted an Enquiry Committee and in view of the reports submitted by the said Enquiry Committee, another Committee for verification of the LPCs issued in favour of the petitioner, was constituted. The subsequent Enquiry Committee submitted a report that out of 8 Nos.of LPCs, the petitioner had voluntarily agreed to surrender 7 Nos.of LPCs issued in his favour.
4. It is alleged by the petitioner that the Enquiry Committee with an ulterior motive had stated that the Land Possession Certificates (LPCs) obtained by the petitioner falls under the Pine Plantation area of Yachull Forest Range under Hapoli Forest Division. The said area falls under the Community of the Mai and Joram villages and they opined that all 8 Nos.of the Land Possession Certificates (LPCs) issued in favour of the petitioner, may be cancelled joy the authorities concerned.
5. It is further alleged by the petitioner that the complainants were also the members of the Enquiry Committee. Therefore, the second Inquiry Report prepared by the Second Enquiry Committee, is liable to be interfered with, by this court.
6. The Deputy Commissioner, Ziro, without giving any opportunity of hearing to the petitioner, hae passed the impugned order, whereby the Land Possession Certificates (LPCs) issued in favour of the petitioner, have been cancelled.
7. The contention of the petitioner is that the Land Possession Certificates (LPCs) were issued in his favour following due process of law. On the basis of complaint, an enquiry was conducted and the First Enquiry Committee, vide its report dated 11.5.2011, stated that the Land Possession Certificates (LPCs) were legally issued in favour of the petitioner. The Second Enquiry Committee, however, submitted report against the petitioner and in the Second Enquiry Committee, complainants were also members of the said Committee.
8. The State respondent No.3, in its counter-affidavit, has stated that the Deputy Commissioner, Ziro, formed a Board consisting of 9 members headed by Sri Tamar Murtem, Extra-Assistant Commissioner, as Chairman to conduct spot verification of lands in connection with 8 Nos.of Land Possession Certificates (LPCs) issued in favour of the petitioner at Mido Pob area. A copy of the Circular with regard to constitution of the Board was issued to the petitioner and the Board members.
9. On 20.10.2011, the petitioner was present in the discussion of the meeting and he put his signature in the list of members present. He duly attended the proceeding of the hearing before the Board and voluntarily agreed to surrender 7 Nos.of Land Possession Certificates (LPCs) issued in his favour on the following grounds :
(i) That the area falls under the Pine Plantation area of Yachuli Forest Range under Hapoli Forest Division
(ii) That the area falls under the Community land of Mai and Joram villages and
(iii) By respecting the sentiments of the villagers and the public interest.
However, the petitioner requested the Committee to consider and verify' the Land Possession Certificates (LPCs) numbering LMZ/LPC/Y-6/ 2008/ 1336 dated 9.5.2008 measuring 48060.00 sq. mtrs, located at Mido Pob area. The Committee accepted t