IMPORTANT POINT
The court's decision was influenced by the lack of written agreement of land occupation in 1962 and the disputed questions of fact regarding the occupation of the land.

JUDGMENT :

Heard Mr. D. Mazumdar, learned Senior Counsel assisted by Mr. S.K. Deori, learned counsel for the petitioners and Mr. M. Kato, learned Deputy Solicitor General of India for the respondent Nos. 1 – 5 & 9. None appears for the rest of the respondents.

2. In this petition, under Article 226 of the Constitution of India, the petitioners namely, Shri Tashi Pujen and Shri Tagam Jenpen, have prayed for issuing the direction to the respondent authorities to disburse the land compensation/rent amount for the land in question, for the period from 1962 to till date.

3. The background facts leading to filing of the present petition is adumbrated herein below :-

“The petitioners are the representative of their respective clans i.e. Jendu Clam and Jenpen Clan. They have handed over the possession of their land to 11th Assam Rifle (AR) in the year 1962, on being approached by the Ministry of Home Affairs for acquiring their land for the purpose of setting up of their camps and border outposts, to protect the country from the Chinese troops, who have mounted attack upon India in the year 1962. Pursuant to the said request of the Ministry of Home Affairs, a plot of land measuring 205 acres at Manigong and 105 acres at Tadadege were handed over to 11th AR for the defence purpose in the year 1962. While the land was handed over to the AR no formal procedure for acquiring the land was followed and no compensation was also paid to the affected land owners. Though the 11th AR continued their possession since the year 1962, but the formal delivery of possession was taken place only on 03.10.1989, by executing an agreement in presence of the land owners, after obtaining NOC from the land owners/GBs/ASMS of Saje tribe and they did not pay any compensation to the petitioners/owners for the land they took possession nor they paid any rent for their continued possession and usage of the land, which they have initially promised to the land owners. Thereafter, the Ministry of Home Affairs changed their strategy and adopted the policy of ‘One Border One Force’ and accordingly, as per direction of Ministry of Home Affairs the land of the petitioners/owners were handed over to the 20th Bn./ITBP, who have been deployed their and since then ITBP has been possessing the land till today without paying any compensation/rent, which the petitioners/land owners are legally entitle to. Thereafter, on 19.07.2022, counsel for the petitioners have issued one legal notice under Section 80 of the C.P.C. to the Secretary of Ministry of Defence and 10 others and thereafter, the Commandant of 20th Bn./ITBP has disclosed through its reply dated 25.09.2022, that they have submitted a proposal for paying compensation for 10 acres of land in Tadadege and 15 acres of land at Manigong, which are under the occupation of the ITBP. But the petitioners/land owners are entitled to compensation/rent for the entire land measuring 205 acres at Manigong and 105 acres at Tadadege, which were formally handed over to the 11th AR for defence purpose on 20.10.1989, for the period from 1962, till the ITBP acquired 10 acres and 15 acres of land in the aforesaid areas.”

4. The respondent No. 7, the Deputy Commissioner of West Siang, Aalo, Arunachal Pradesh and the respondent No. 8, the District land & Revenue Settlement Officer, West Siang, Aalo, Arunachal Pradesh, have filed their affidavit-in-opposition, wherein it is stated that strict proof is required to substantiate the claim of the petitioners and in view of the letter of the respondent No. 9, dated 25.09.2022, the petitioners/owners are not entitle for any compensation as prayed in the writ petition.

5. It is to be noted here that respondent No.1, 2, 3, 4, 5 & 9 have failed to file their affidavit-in-opposition inspite of getting sufficient opportunities.

6. Mr. Mazumdar, learned counsel for the petitioners submits that the petitioners have handed over the possession of their land to 11th AR in the year 1962, on being approached by the