IMPORTANT POINT
Occupying government land without permission is not permissible, but individuals may apply for land allotment for consideration by the authorities.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. S. Mow, learned counsel for the petitioner and Ms. T. Wangmo, learned Government Advocate for State respondents.

2. The petitioner has by way of instituting the present proceedings assailed an order dated 23.09.2016 passed by the ADC-cum-Estate Officer, Lower Dibang Valley District, Roing. The petitioner has also assailed an order dated 06.04.2017 passed by the Appellate Authority i.e. the Deputy Commissioner, Lower Dibang Valley, Roing. The said orders were so passed under the provisions of the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupant) Act, 2003 (hereinafter referred to as the Act of 2003).

3. The petitioner, was vide a notice dated 25.05.2016, issued by the ADC-cum-Estate Officer, under the provisions of Section 4 of the said Act of 2003 required to show cause as to why he would not be evicted from the plot of land as described therein on the ground that he had encroached upon Government land and constructed dwelling units, therein, without any allotment and/or prior approval from the authority concerned. The petitioner submitted his detailed reply to the said Show-cause notice and therein, has contended that the land as occupied by him was not allotted to any other authority and the petitioner on occupation of the said land which was not suitable for human habitation had developed the land and had constructed dwelling house and he and his family were staying there without any interference by the authorities concerned. The Estate Officer upon consideration of the reply as filed by the petitioner as well as by providing to him an opportunity of hearing proceeded vide the order dated 23.09.2016 to hold that the land in question was earmarked for the Education Department and the petitioner was so occupying the land without any prior permission from the concerned authority and accordingly, directed the petitioner to vacate the said unauthorised occupation along with removal of the illegal structure so created, therein. Being aggrieved, the petitioner had instituted before this Court against the order passed by the Estate Officer. This Court vide order dated 04.10.2016 on noticing that an appeal is provided for against an order passed by the Estate Officer, under the provisions of Section 12 of the said Act of 2003 was pleased not to entertain the said writ petition. Accordingly, the petitioner on 13.10.2016 preferred an appeal under Section 12 of the said Act of 2003 before the Deputy Commissioner-cum-Appellate authority, Lower Dibang Valley against the said order of the Estate Officer. The Appellate Authority upon consideration of the appeal and also hearing the appellant as well as the respondents, therein, proceeded vide order dated 06.04.2017 to hold that the appeal as preferred by the petitioner, herein, had no merit and accordingly, upheld the order of the Estate Officer. Being aggrieved by the said order passed by the Estate Officer as well as the Appellate Authority, the present proceedings were instituted by the petitioner before this Court.

4. The learned counsel for the petitioner during the hearing in the present proceedings has reiterated the submissions that he had raised before the Estate Officer as well as before the Appellate Officer. The petitioner has tried to highlight that the land as occupied by him did not come within the purview of the allotment as stated to have been made to the Education Department for the purpose of setting up of the Government High Secondary School at Roing, along with its hostel. The learned counsel for the petitioner has also submitted that the petitioner had submitted due applications before the authorities for allotment of the said land in his favour and such applications were pending consideration before the concerned authorities. It was contended that without arriving at a decision with regard to the applications as made by the petitioner praying for allotment of the land occupied by him, in his favour, the