The court affirmed that petitioners retain ownership of land despite a lapsed preliminary notification for reserve forest, entitling them to compensation under the Indian Telegraph and Electricity Acts.

JUDGMENT :

Heard Mr. M. Pertin, learned Senior Counsel assisted by Mr. K. Dabi, learned counsel for the petitioners. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents No.1 to 8 and 11 and Mr. N. Khera, learned Standing Counsel for the Power Grid Corporation of India, representing respondents No.9 and 10.

2. By filing this writ petition, the petitioners have prayed for declaration of the Preliminary Notification No.136/74 dated 01.12.1975 (proposing to constitute ‘Dikari (Deka) Reserve Forest’ under Section 5 of the Assam Forest Regulation, 1891) having no enforceability after lapse of considerable period, as deemed lapse. The petitioners further pray for a direction to the respondent authorities to acquire the land and pay adequate compensation of the land and the standing properties of the petitioners as per the relevant law.

3. The case in brief, is that, the petitioners are the residents of New Seren, Seren, Pam, Old Deka, New Deka, Potte, Telam, New Telam villages under New Seren Circle, Lower Siang District, Arunachal Pradesh. The said villages were established in the year 1920 prior to the establishment of Siang District. The inhabitants of the said villages are by Galo tribe and the majority of the people are sustaining their livelihood on cultivation including Jhum over their ancestral land since time immemorial. The people of the area being the indigenous tribal population of Arunachal Pradesh are dependent on cultivation on their individual and community land having individual and community ownership and title of land. The customary rights of the tribal population in the State are recognized under various laws. The petitioners being the permanent residents of aforesaid villages have been enjoying the present land individually or community over 11008 Ha.(appx.) of land which falls under the proposed Dikari (Deka) Reserve Forest. The petitioners are having their dwelling houses since time immemorial and have established their agriculture field, rubber garden, areca nut (tamul) garden, palm oil garden, orange garden, bamboo grove and other valuable trees and garden in their respective villages.

4. The contention of the petitioners is that while they are in peaceful possession of the land, the Power Grid Corporation of India, the respondents No.9 and 10 herein, with the approval of the State authorities, however, without any formal acquisition and information to the land owners and the villagers, has started to gather materials for construction of High Transmission Towers by engaging their agents on the land and properties of the petitioners. On enquiry, the petitioners came to know that under comprehensive scheme for strengthening transmission and distribution system by the Department of Power, Govt. of Arunachal Pradesh in the East and Lower Siang District, has approved for diversion of land for construction of 132 KV transmission line from Likabali to Niglok which is being carried out by the Power Grid Corporation of India. The petitioners contend that the respondent authorities are trying to forcefully evict the petitioners from their own land without due process of law. Having come to know such of project for construction of transmission line over the land of the petitioners, they have protested and the respondent authorities had told that the land and properties of the petitioners falls under Dikari (Deka) Reserve Forest and an area of diverted 54.17 Ha. land of the petitioners has been proposed to be diverted. The petitioners submitted a representation before the Deputy Commissioner, Likabali, Lower Siang District and the Additional Deputy Commissioner, Nari. The Additional Deputy Commissioner, Nari has clarified to the Deputy Commissioner, Likabali that though the reserve forest exists within the New Seren Circle, but the Power Grid Corporation of India Ltd. insisted that New Seren Circle falls under Dikari (Deka) Reserve Forest. It has been clarified that such an action would cau