IMPORTANT POINT
The court established that a deed of donation executed by landowners is valid, and individuals not holding ownership cannot challenge government notifications regarding land use.

JUDGMENT & ORDER :

Heard Mr. T. T. Tara, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing Counsel, Land Management Department for the respondent Nos. 1 and 4 and Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 2, 3 and 5.

2. This application is filed under Article 226 of the Constitution of India, seeking the issuance of a writ in the nature of Certiorari or Mandamus, or any other appropriate writ, order, or direction.

3. The brief facts of the case are as follows: In 2016, officials from the Land Management Branch of the district administration conducted a detailed survey of the Sille township area, preparing maps of the lands under the possession of various government departments. These maps were submitted to the Circle Officer, Sille-Oyan. Subsequently, the Circle Officer forwarded the information to the District Land Revenue and Settlement Officer, East Siang District, for further necessary actions.

3.1 The survey records reveal that the Government Higher Secondary School was in possession of 29,210.5 sq. m., the Primary Health Centre occupied 7,512 sq. m., the lands where government quarters of the General Administration Department were constructed measured 6,314.3 sq. m., and the land occupied by the Power Department was 1,360 sq. m. Additionally, various other departments occupied 1,150 sq. m.

3.2 To formalize land usage by these government departments, landowners of the Sille-Oyan township and members of the Oyan village authorities executed a Deed of Donation on 03.06.2016, voluntarily donating an area of 45,546.8 sq. m. in favor of the Government of Arunachal Pradesh, represented by the Circle Officer, Sille-Oyan. Upon receiving government approval, the Secretary (Land Management) issued a notification on 12.12 2016, declaring the donated land as government land for public purposes.

3.3 On 20.07.2018, the Deputy Commissioner of East Siang District forwarded a draft notification under Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Regulation, 1947, for the acquisition of land in the Sille-Oyan township area, including the petitioner’s land, which had been declared a private plot in the December 2016 notification. Following this, the Director (Land Management) wrote to the Deputy Commissioner on 26.09.2018, requesting clarification as whether the land in question was voluntarily donated or it is involved compensation for land acquisition. The letter clearly indicated that the land had never been donated by the petitioner or other landowners of the Sille-Oyan township.

3.4 No fresh proposal was sent to the government for acquiring land within the Sille-Oyan township area following the return of the proposal. Subsequently, the Secretary (Land Management), Government of Arunachal Pradesh, issued a notification on 19.09.2019 (Memo No. LM-343/2016/903), illegally notifying 73.26 acres of land for the establishment of the Sille-Oyan Circle Headquarter/Township, claiming that the landowners of Sille-Oyan had donated it voluntarily. However, no records of such a donation were found with the District Administration.

3.5 Based on this notification, the Estate Officer-cum-Circle Officer of Sille-Oyan issued eviction notices to the petitioner on November 9, 10, 11, and 13 of 2020. However, in compliance with an interim order dated 11.11.2020, passed by this Court in WP(C) No. 297 (AP)/2020, these eviction notices were recalled on 16.11.2020.

3.6 Aggrieved by the notification dated 19.09.2019, the landowners, including petitioners Nos. 1 and 2, filed WP(C) No. 297 (AP)/2020, and the Court granted an interim order staying the operation of the notification until further orders. Subsequently, the District Administration, Pasighat requested the petitioner’s family to allow some portion of their land for the establishment of a police station. In response, the petitioner's family permitted the construction of the police station building on a portion of land adjacent to N