JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. R. Saikia, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Addl. Sr. Govt. Advocate for respondent Nos. 1 to 8, Mr. N. Ratan, the learned counsel for the respondent Nos. 11 and 12 and Mr. D. Kamduk, learned counsel for the respondent Nos. 9 and 10.

2. The petitioners being aggrieved of illegal allotment of existing Government land under possession of Public Works Department, Government of Arunachal Pradesh to Ms. Dajum Kena (respondent No. 11) W/O Late Jomde Kena the then MLA and the then Parliamentary Secretary (respondent No. 13 and on his death being struck off vide order dated 30.1.2019) (Tourism)/Deputy Speaker of the 28th Assembly Constituency, Likabali, District West Siang, Arunachal Pradesh by the Director, Department of Land Management, Government of Arunachal Pradesh (respondent No. 10) on the grounds-

i. That the Sub-Divisional Land Allotment Advisory Board (SDLAAB) Likabali illegally recommended vide resolution dated 13.09.2010 for allotment of Government land along with building under the Chief Engineer(EZ), Department of Public Work (PWD), Government of Arunachal Pradesh (respondent No. 6.) in favour of the respondent No. 11;

ii. The maximum ceiling limit for allotment of land for commercial purpose to any private individual being 200 sq. meters and there being violation of the said ceiling limit by the respondent No. 10 approving allotment of land measuring 1200 sq. meters vide letter No. LR-106/90(VOL-I)/1342 dated 23.11.2010 for commercial purpose in favour of the respondent No. 11;

iii. NOC vide No. CEAP (EZ)/E-I/PF-215/2010-11/634 dated 28.10.2010 issued by the Chief Engineer (EZ) PWD, Itanagar in respect of the said PWD land which was withdrawn by the same Chief Engineer (EZ) vide NO. CEAP (EZ)/WG-6/2010-11 dated 01.11.2010;

iv. Non taking of action by the Department of Land Management for withdrawal of the allotment letter dated 23.11.2010 issued by the Director, Department of Land Management (respondent No. 10), by virtue of which the respondent No. 11 occupied entire stretch of total PWD land measuring 3404.90 sq. meters and forcibly constructing new boundary wall;

v. Violation of the office memorandum of the Government of Arunachal Pradesh vide No. OM-74/2005 dated 15.12.2005 published in the official Gazette dated 19.12.2005 prescribing uniform procedure for disposal of unserviceable, stores/items including vehicles of the Government etc,;

3. The brief facts as stated in the petition are that Likabali is the entry point for three districts and as such the Department of Public Work, Government of Arunachal Pradesh occupied land measuring 3404.90 sq. meters and constructed building structures, staff quarters, store building etc, with a view for storing materials for transmission to the three districts. On 13.09.2010 the respondent No. 11 applied in prescribed application form for allotment of the said PWD land at Likabali measuring 1200 sq. meters out of the total land measuring 3404.90 sq. meters for commercial purposes. The said application form clearly mentioned about the existence of the Government RCC building with barbed wire security fencing over the said land. On receipt of the said application, the Lat Mandal and other staff instantly prepared sketch map of the proposed land to be allotted on 13.09.2010 itself and the then Sub-Divisional Officer (SDO), Likabali approved the said sketch map on 13.09.2010 itself. The said SDO, Likabali on the same day also constituted SDLAAB by appointing six number of Officials headed by the SDO himself and three number of non Officials and convened the SDLAAB meeting vide No. LKB/REV-100/09-10/1122-25 dated 13.09.2010 and recommended for allotment of the said Government land in favour of the respondent No. 11. The said SDLAAB observed that the Government building of PWD constructed in the 1980 found damaged due to flood in 1992. The said land was not allotted to any individual and is free from any encumb