Back
2018 Supreme(Gau) 765
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, ITANAGAR PERMANENT BENCH
ACHINTYA MALLA BUJOR BARUA, J.
Shri Jorik Bagra, S/o Shri Marjo Bagra - Petitioner
Versus
The Deputy Commissioner, Aalo, District West Siang, Arunachal Pradesh & Ors. - Respondents
CRP NO. 08(AP) 2018
Decided On : 18-06-2018
For the Petitioner: Mr. K. Lollen Mr. L. Bam Mr. B. Nyicyor
For the Respondent:Ms. G. ETE, learned Addl. Sr. Govt. Advocate, Mr. R. Saikia.
Proper adjudication of disputes related to land allotment must consider the terms and conditions of the allotment order and relevant provisions of the governing Act and Rules.
Headnote:
Land Allotment - Dispute over Separation of Allotted Land - Arunachal Pradesh (Land Settlement and Record) Act, 2000 - Article XIV Clause 7 of the Bye-laws - Clause 9, 12, 25 of the Allotment Order
Fact of the Case:
The petitioner, a member of a registered society, challenged the decision to separate a part of the land allotted for a specific purpose. The dispute was referred to the Revenue Court under the Arunachal Pradesh (Land Settlement and Record) Act, 2000.
Finding of the Court:
The Court found that the Revenue Court did not appropriately adjudicate the issue and remanded the matter back for proper adjudication, emphasizing the need to consider the relevant provisions of the Rules framed under the Land Allotment Act.
Issues: The main issue was whether the society's executive body had the authority to separate the land allotted to them, considering the terms and conditions of the allotment order.
Ratio Decidendi: The Court emphasized the need for proper adjudication on whether the separation of the allotted land was in accordance with the terms and conditions provided in the allotment order, and the relevant provisions of the Rules framed under the Land Allotment Act.
Final Decision: The order of the Revenue Court was interfered with and remanded back for appropriate adjudication, with directions to consider the relevant provisions of the Rules framed under the Land Allotment Act.
Heard Mr. K. Lollen, learned counsel for the petitioner.
Also heard Ms. G. Ete, learned Addl. Sr. Govt. Advocate for respondent Nos. 1 & 2 and Mr. R. Saikia, learned counsel for respondent Nos. 3 & 4.
2. The petitioner herein is a member of the All Ato Paktu Ao Welfare Society (AAPAWS) which is a registered society having its own Bye-laws. A plot of land measuring 8,600 Sq. meters at Aalo was allotted in favour of AAPAWS as per the allotment order dated 22.05.2015 by the Deputy Commissioner, West Siang District, Aalo.
3. The allotment order specifically provides that the plot of land was allotted for the purpose of Paktu Heritage Centre and the terms and conditions of the allotment order amongst others provide for.
“9. The plot should not be utilized for any purpose other than for which its allotted.
12. The plot allotted is not transferable and in heritable, nor shall it be sub-allotted or sub leased with out prior consent obtained in writing from the Government.
18. The allotment on the lease basis will remain in force for a period of 30 (thirty) years unless revoked earlier on which the event properties shall revert to the Government.
25. Violation of any of these terms and conditions will render the allotment liable to be cancelled and or buildings or structures erected thereon to be demolished for which no claim of compensation what-so-ever shall lie to any Court of law.”
4. The Executive Body of AAPAWS in its meeting held on 10.10.2017, had deliberated upon a resolution that an area measuring 1000 Sq. meters shall be separated from the land allotted to AAPAWS for the Paktu Heritage Centre in exchange of some other land of WRD office, Aalo.
5. Thereafter, another meeting of the Executive Body of the society was held on 18.10.2017, in which a decision was taken to part with the aforesaid 1000 Sq. meters of land in exchange of some other land belonging to WRD office. It is stated that some Officials of the Revenue Department also participated in the said meeting.
6. Be that as it may, the decision to part with 1000 Sq. meters taken in the aforesaid meeting was assailed by some of the members of the society by filling representation before the Deputy Commissioner, West Siang District, Aalo on 02.01.2018. The said dispute raised by the members of the society was referred by the Deputy Commissioner before the Revenue Court under Section 79 of the Arunachal Pradesh (Land Settlement and Record) Act, 2000.
7. In the dispute raised before the Revenue Court, it was the contention of some of the members of the society that as per the allotment order dated 22.05.2015, the land was specifically allotted for the purpose of Paktu Heritage Centre and that Clause 9 of the terms and condition specifically provided that the plot should not be utilized for any other purpose other than the purpose for which it was allotted, and further that Clause 12 provides that the plot cannot be transferred or inherited or be sub-allotted or subleased without any prior consent in writing from the Government. Specific reference also had been made to Clause 25 of the terms and condition which provided that violation of any of the terms and condition will render the allotment liable to be cancelled.
8. The revenue Court by its order dated 19.02.2018 in case No. LM/WS-01/04 (PT-II) arrived at a conclusion that under Article XIV Clause 7 of the Bye-laws of the society, the president also has the discretionary power over such matters and subjects which are not specified in the Bye-laws, by taking consent of the executive body of the members of the society, and therefore, the society had the jurisdiction and authority to separate the land allotted to them.
9. In our view the issue before the Revenue Court was not whether the president had the power to decide any matter beyond what is provided under the Bye-laws. The real issue for the decision was whether in view of the Clause 9, 12 and 25 of the terms and condition of the allotment order dated 22.05.2015,
