Point of Law: Cancellation of LPC – Opportunity of hearing not given – Hence cancellation not justified.

JUDGMENT :

This writ petition, under Article 226 of the Constitution of India, is preferred by Shri Joram Anu, son of Shri Joram Son of Yachuli, Lower Subansiri District challenging the correctness or otherwise of the order, No.LMZ/T/Highway-1/2011, dated 30.09.2014, passed by the Deputy Commissioner, Lower Subansiri District, Ziro. It is to be mentioned here that vide impugned order, the learned Deputy Commissioner, Lower Subansiri District, Ziro has cancelled the LPC, granted to the petitioner earlier, without hearing him.

2. The factual background, necessary for proper appreciation of the dispute in the case in hand, is adumbrated here in below:-

“The petitioner, Shri Joram Anu inherited a plot of land measuring 3500 Sq. Mtrs. from his father at Yachuli and he used to cultivate the land without any disturbance from any quarters for many years. Thereafter, the petitioner applied for LPC to ward off any attempt made by any individuals or organisation and submitted his application to the Deputy Commissioner on 16.03.2007. Thereafter, observing necessary formalities and holding necessary inquiry and obtaining No Objection Certificate from the Divisional Forest Officer, Hapoli, the Deputy Commissioner, Lower Subansiri District, Ziro granted him LPC vide Memo No. LMZ/LPC/Y-1/2006 dated 21.06.2007. After that, the Divisional Forest Officer, Hapoli removed the barbed wire fencing and destroyed his orange orchard and other plantation from the said plot of land, then he approached the Deputy Commissioner, Ziro to know about the reasons. And he received an order on 07.09.2011, from the Deputy Commissioner to the effect that LPC issued to him was cancelled without issuing any notice to him. The petitioner then approached this Court by filing a writ petition being No. WP(C) 469(AP)/2011. The said writ petition was disposed of by this Court on 18.01.2013 by setting aside and quashing the order dated 07.09.2011 passed by the Deputy Commissioner, by which he had cancelled the LPC of the petitioner.

While disposing of the writ petition of the petitioner, this Court directed that the respondent authorities may approach the matter afresh after affording opportunity of hearing to the petitioner. And then the petitioner submitted an application dated 04.08.2014, to the Deputy Commissioner, Ziro for assessment of his land for acquisition of his Trans-Arunachal Highway which is passing through the land of the petitioner and the payment of the proper compensation thereof. However, the petitioner did not receive any communication from the office of the Deputy Commissioner, Ziro. Then he waited for issuance of proper notice to him before proceeding any further with the cancellation of the LPC. However, he received a copy of the order No.LMZ/T/Highway-1/2011 dated 30.09.2014, on 26.11.2014, wherein, it was stated that on 11.08.2014, the representation filed by him for assessment of his land for Trans-Arunachal Highway was taken up along with the complaints filed by some persons for cancellation of the LPC of the petitioner and 13 other persons. And notices were issued to the petitioners in WP(C) No.93-98(AP)/2012, to appear before the Deputy Commissioner, Ziro on 11.08.2014 and notices were duly communicated to the petitioner in the aforesaid writ petitions and it was also revealed that Shri Toko Puna and the petitioner in WP(C) No.93-98(AP)/2012 represented all other petitioners and after hearing him, the complainants and the Department officials, the LPC of the petitioner along with the 13 others have been cancelled. It was also stated that the petitioner never received any notice from the Deputy Commissioner, Ziro and he never attended the said hearing before the Deputy Commissioner in his office. And thereafter, the petitioner preferred one application before the Deputy Commissioner to furnish a copy of the complaint letter against his LPC, notice/call letter issued to the petitioner for hearing, minutes of proceeding and attendance sheet, if any, of