The constitution of a Village Forest Reserve under the Arunachal Pradesh Anchal Forest Reserve Act and the Assam Forest Regulation does not require strict adherence to the Panchayat Raj Act's procedural norms if the resolution is supported by the community.

JUDGMENT :

HONBLE MR. JUSTICE KARDAK ETE

Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Ms. G. Ete, learned Addl. Senior Govt. Advocate appearing for respondent Nos.1—9 in WP(C) No.91/2020 and respondent Nos.1—7 in WP(C) Nos.94/2022 and Mr. T. Tapak, learned counsel for the respondent No.8 in WP(C) Nos.94/2022.

2. As the issues involved in both these Writ Petitions are one and same, are taken up for hearing and disposed of by this common judgment and order.

3. By filing these writ petitions, the petitioners have assailed the veracity of the Gram Sabha Resolution dated 06.11.2013 and the Deed of Agreement executed on 09.12.2013. The petitioners have also challenged the Certificate of mutation and Non-encumbrance Certificate dated 30.10.2015, issued by the Deputy Commissioner, Upper Siang. Challenge is also made to the Preliminary Notification dated 05.10.2018 proposing to constitute/declare Idu Keba Village Forest Reserve (here-in-after referred to as ‘the VFR’) for an area measuring 47620 Hectares, issued by the Principal Secretary, Department of Environment & Forest, Govt. of Arunachal Pradesh. The further challenge of the petitioners is to the order dated 11.03.2020, issued by the Additional Deputy Commissioner, Upper Siang District, by which all the HGBs/GBs/Public/Land owners/stakeholders and villagers inviting for claims and objections and meeting for the purpose of constitution of the VFR.

4. The petitioners claim to be permanent residents of different villages within Singa Circle of Upper Siang District of Arunachal Pradesh have filed these two Writ Petitions, projecting that on 06.11.2013, a resolution was adopted by the Gram Sabha meeting and decided to declare the community land as Idu Keba VFR for an area approximately 54993.00 Hectares of land in the Singa Circle under the Chairmanship of the respondent No.8 in Writ Petition (C) No.94/2022. It is alleged that the signatures of some of the members were forged and some others were made to sign under wrong influence to obtain the documents for notification of the Idu Keba for constitution of the VFR. Pursuant to such alleged illegal resolution, a Deed of Agreement was prepared by some persons (ten in numbers) vide dated 09.12.2013. Basing upon the said resolution and the agreement thereafter, the Deputy Commissioner, Upper Siang District, vide dated 30.10.2015, issued the Certificate of mutation and Non-encumbrance Certificate, stating that an area of 47620 Hectares of degraded Idu Community land in the Singa Circle of the Upper Siang District has been voluntarily donated by the villagers of Singa Village to the Department of Environment & Forest, Govt. of Arunachal Pradesh, for the purpose of constitution of the VFR.

5. Thereafter, the Principal Secretary, Department of Environment & Forest, Govt. of Arunachal Pradesh vide order dated 05.10.2018, issued a Preliminary Notification under Section 3A of the Arunachal Pradesh Anchal Forest Reserve (Constitution and Maintenance) Act, 1975 and its Amendment Act,1984, read with Sections 4 and 5 of the Assam Forest Regulation, 1891, by proposing to constitute the Idu Keba VRF, for an area of 47620 Hectares of land, at Singa Village under the Singa Circle of Upper Siang District. Accordingly, the Additional Deputy Commissioner, Upper Siang District had issued an order dated 11.03.2020, inviting all the HGBs/ GBs/Public/Land owners/stakeholders and villagers, falling under the proposed Idu Keba VFR for filing claims and objections and meeting for constitution of the said VFR.

6. It is contended that the villagers including some of the petitioners (eight in numbers) filed a complaint before the Superintendent of Police, Upper Siang District, alleging forgery and fraud, as the resolution dated 06.11.2013 was taken illegally under the Chairmanship of the Anchal Samity Chairperson, on which basis an agreement dated 09.12.2013 was entered into, whereby the land of the villagers was donated for constitution of the Idu Keb