IMPORTANT POINT
Traditional land ownership rights in Arunachal Pradesh must be acknowledged, and mere possession is insufficient to establish ownership without considering customary practices.

JUDGMENT :

Kardak Ete, J.

Heard Mr. T. Bayor, learned counsel for the petitioners. Also heard Mr. R.H. Nabam, learned Addl. Advocate General, Arunachal Pradesh for the respondent Nos.1, 2 & 3 and Mr. M. Kato, learned Dy. S.G.I. for the respondent Nos.4 & 5.

2. The challenge made in this Writ Petition is to the order dated 12.12.2018, passed by the Deputy Commissioner, Upper Subansiri District, Daporijo, whereby, the claim of ownership of the petitioners over the land measuring about 8644.75 Sq. Mtrs., situated at Nacho and 14304.00 Sq. Mtrs., situated at Limeking, has been rejected as the petitioners have failed to adduce sufficient evidence/documents to prove their case of ownership which are presently under the possession of the ITBP, the respondent No.5. It is further held that the lands in question are of strategic importance and are connected to the National security.

3. The case, in brief, is that the petitioners claim that they are the owners of the land measuring about 3 (three) Acres, situated at Nacho and 4 (four) Acres situated at Limeking, in the Upper Subansiri District, which they have inherited from their forefathers from time immemorial. It is contended that without their knowledge, the State Government has illegally allotted the said land to the respondent No.5 i.e. the Commandant, ITBP vide order dated 08.02.2012, for construction of residential and non-residential buildings for thirty (30) years lease period, subject to payment of land revenue.

4. The petitioners, being aggrieved, approached this Court by filing Writ Petitions being WP(C) No.79/2016 and WP(C) No.80/2016. This Court, vide order dated 13.11.2017, disposed of both the Writ Petitions, directing the Respondent, particularly, the respondent No.3, i.e. the Deputy Commissioner, Upper Subansiri District, Daporijo to ascertain the ownership claim of the petitioners over the land measuring about 3 (three) Acres and 4 (four) Acres, situated at Nacho and Limeking, which has been allotted to the respondent No.5, by giving a chance to the petitioners of proving their claim and if they can do so, initiate necessary land acquisition process under the relevant Land Acquisition Law, so that the petitioners could get the compensation amount, they are entitled to.

5. Pursuant to the order of this Court dated 13.11.2017, the Deputy Commissioner, Upper Subansiri District, vide impugned order dated 12.12.2018 had decided the disputes against the petitioners and held the allotment of the said land to the respondent No.5, to be valid by dismissing the claims of the petitioners of the land in question. Hence, this Writ Petition.

6. Mr. T. Bayor, learned counsel for the petitioners submits that the Deputy Commissioner has failed to take into consideration of the direction of this Court vide order dated 13.11.2017, whereby this Court has clearly directed to ascertain the ownership claim of the petitioners over the land in question and to proceed to acquire the land and pay compensation to the petitioners. He submits that the Deputy Commissioner has not considered the matter in its right perspective, in as much as, the Deputy Commissioner has misdirected himself to ascertain as to whether the certificate issued by the Anchal Samiti Members (ASMs) and the other village authorities have the power to issue such ownership certificates to the petitioners. He submits that in the State of Arunachal Pradesh, the land is owned by way of inheritance and to that effect, the village authorities/Panchayati Raj Members used to issue certificate to show the proof of their ownership. There cannot be any other documents of land ownership, except the Land Possession Certificate, that may be issued by the respective Deputy Commissioners. Although, the petitioners have not obtained the Land Possession Certificate, there would not be any dispute as regards the ownership as obtaining of Land Possession Certificate is not mandatory. The land ownership in the State of Arunachal Pradesh is by way of in