IMPORTANT POINT
The Superintendent of Police has authority under the Public Premises Act to initiate eviction against unauthorized occupants, regardless of pending allotment applications.

JUDGMENT :

(Kardak Ete, J.)

Heard Mr. B. Picha, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Govt. Advocate for the State respondents.

2. Both the writ petitions have been instituted by the petitioner challenging the Notice dated 16.06.2023, Order dated 26.06.2023 and Order dated 30.06.2023, issued by the Superintendent of Police-cum-Estate Officer, Capital, Itanagar, whereby the petitioner has been issued notice to appear before the authority to show cause for an unauthorized occupation of public premises land at State Reserve Police Line (SRPL) Complex near Police Oil Depot, Chimpu, and to submit relevant documents of the said plot of land and consequential order to remove the erected boundary wall and the residential building from the said public premises, else the Section 7(i) of the Arunachal Pradesh Public Premises (Eviction of Un-authorized Occupants) Act, 2003 shall be invoked.

3. The petitioner is a practicing Advocate and the case projected by the him is that he is in occupation of land measuring 180 Sq.Mtr.(approx.) located at SRPL Colony, Chimpu, since last 6 years and has applied for allotment of the said land before the Deputy Commissioner, Itanagar, Capital Complex. It is contended that during the pendency for consideration of the land allotment of the petitioner, the Superintendent of Police, Capital, Itanagar without any authority of law has initiated eviction proceedings against the petitioner under Section 4 of the Arunachal Pradesh Public Premises (Eviction of Un-authorized Occupants) Act, 2003 (hereinafter refer to as ‘the Public Premises Act 2003’ in short).

4. It is contended that after occupation and possession of the said land he has constructed boundary wall and residential building and has applied for electricity connection from the Department of Power, Govt. of Arunachal Pradesh and accordingly, the Department of Power, has provided electricity connection in the name of the petitioner.

5. The petitioner contends that in the month of July, 2021, the officials of the Deputy Commissioner, Itanagar, Capital Complex has visited the locality for physical verification of the area and after inspection, the officials have instructed the inhabitants of the locality to apply for allotment of the land within 3 (three) months. Accordingly, since the petitioner is in peaceful possession of the said land for the last 6 (six) years, on 05.08.2021, he applied for allotment of the land which is pending before the Deputy Commissioner, Itanagar, Capital Complex.

6. By the impugned Notice dated 16.06.2023, the Superintendent of Police, Capital, Itanagar has initiated eviction process against the petitioner to show cause as to why he should not be evicted from the un-authorized occupation of the said land and also directed the petitioner to appear before him. The petitioner has filed his reply clearly stating the genuine grounds of occupation of the said land. Thereafter, vide impugned order dated 26.06.2023, the Superintendent of Police, Capital, Itanagar, has passed an order directing the petitioner to submit all relevant documents of the said plot of land within 3(three) days. Being aggrieved, the petitioner filed a writ petition being WP(C)314(AP)/2023, wherein this Court vide order dated 30.06.2023 while issuing notice, directed to maintain status quo in respect of the land in question with a direction to the petitioner not to carry out any kind of construction over the said land. The Superintendent of Police, Capital, Itanagar, on the same day i.e., 30.06.2023, passed another impugned order, whereby it is held that the petitioner has failed to produce any documents to prove authorized occupation of the said land and having purportedly found not satisfactory, directed the petitioner to remove the erected boundary wall and the residential building from the said public premises. Being aggrieved, the subsequent writ petition being WP(C) No. 525/2024 against the impugned Order dated 30.06.2023.