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2023 Supreme(Gau) 756

ROBIN PHUKAN
Masong Pada S/o Late Tatem Pada – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K. Tiwari.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. P.K. Tiwari, learned Sr. Counsel being assisted by Mr. T. Pogo, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Sr. Govt. Advocate, Arunachal Pradesh for the State/respondent.

2. In this petition, under Article 226 of the Constitution of India, the 157 petitioners, all are residents of Sibo-Siang Colony, near Horticulture College, Pasighat, have challenged the correctness or otherwise of the notification dated 18.10.1980, published in the Arunachal Pradesh Gazette, dated 17th November, 1980, issued by the respondent authorities as per provision of the Assam Forest Regulation, 1891 (here-in-after referred to as ‘the Regulation’). It is to be noted here that vide the impugned notification, the respondents have declared 398 acres of land of Pasighat Railway area as Reserved Forest in exercise of power conferred under Section 17 of the said Regulation.

3. The background facts leading to filing of the present petition briefly stated as under:

    “The writ petitioners have their settlement in the Sibo-Siang Colony, near Horticulture College, Pasighat long back to early 1960s. Towards the east side of the aforesaid colony, there is Si

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