JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. R. Sonar, learned counsel for the petitioners. Also heard Ms. G. Ete, learned Additional Senior Government Advocate appearing for the respondent Nos. 1, 4, 6 and 7 and Mr. D. Kamduk, learned Standing Counsel for the Land Management Department appearing for the respondent Nos. 3 and 5.

2. The petitioners, 18 (Eighteen) in numbers, have jointly filed the present writ petition under Article 226 of the Constitution of India.

3. The background facts of the present petition can be summarized as under:

(i) During 2011 and 2015, the writ petitioners purchased their respective plots of land located at backside of Naharlagun Helipad, and since then, some of the writ petitioners had been staying there with their family members by constructing dwelling houses until they were evicted therefrom on 15.07.2019.

(ii) The Additional District Magistrate, Capital Complex, cum Chief Estate Officer carried out an eviction on 15.07.2019 and demolished the dwelling houses of the petitioners. The affidavit filed by the respondent No. 7 shows that such demolition has been carried out in exercise of power under Section 133 of the Cr.P.C.

(iii) Being aggrieved by the aforesaid eviction, the writ petitioners under the banner of Helipad Land owner Forum, jointly filed a representation on 18.07.2019 before the Hon’ble Chief Minister of the State. Subsequently, by letter dated 30.07.2019 the State Government directed the Additional District Magistrate to hold back further eviction till the finalization of obstacle limitation survey of Naharlagun Helipad by the competent authority.

(iv) Thereafter, pursuant to a meeting held on 11.10.2019, under the chairmanship of Chief Secretary, Government of Arunachal Pradesh, a decision was taken to effect that the Deputy Commissioner, Itanagar Capital Complex, should assess the land required near the boundary of present Helipad for the landing and taking off safely.

(v) The Deputy Commissioner, by its order dated 04.11.2019, constituted a seven members Board to assess the affected land and the properties damaged during the eviction process as well as other properties likely to be affected for the required extension of the Helipad. The Board submitted its report on 28.01.2020.

(vi) Thereafter, the Deputy Commissioner, forwarded the verification report of the affected land to the Secretary, Department of Civil Aviation, Government of Arunachal Pradesh, for necessary action. but till today the petitioners has not been paid any compensation.

4. From the perusal of the affidavit-in-opposition of the State respondents it is crystal clear that the land belongs to the petitioners and some other persons and the lands were private land. From the pleadings of the State respondents, it is also crystal clear that no proceeding/procedure for acquisition of such land was initiated and the petitioners were evicted inhumanly from their land under purported exercise of power under Section 133 of the Cr.P.C. on the alleged ground of obstruction in landing and taking-off helicopter at the Helipad and after such eviction and demolition of the dwelling houses of the petitioner, the state is now projecting that it will acquire the land and compensate the petitioners.

5. Section 133 Cr.P.C. empowers District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate to remove any unlawful obstruction or nuisance from any public place or from any way, river or channel which is or may be lawfully used by the public.

6. The said Section also provides that the Magistrate can also pass conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order.

7. The explanation to the said Section clarifies that a “public place”