IMPORTANT POINT
Petitioners are entitled to rental compensation for unauthorized occupation of land by the Indian Army from 1980 to 2021, to be assessed and disbursed by the Deputy Commissioner.

JUDGMENT :

NELSON SAILO, J.

Heard Mr. B. Picha, learned counsel for petitioners. Also heard Mr. K. Loya, learned CGC for the respondent Nos. 1 to 4; Mr. D. Kamduk, learned Standing Counsel for the Land Management Department for the respondent No. 5 and Mr. N. Ratan, Additional Advocate General for respondent No. 6.

2. By filing this writ petition, the petitioners have sought for a direction to the respondent authorities to process the evaluation of the rent from the year 1980 till the year 2021 for an area of land belonging to them measuring 481.41 acres located at LGG (Glanggroh), under Bobdir village in Kitpi Circle in the District of Tawang, which according to them was forcefully occupied by the Indian Army.

3. It is the case of the petitioners that they represent all the family members whose land has been occupied unauthorizedly by the Indian Army. According to them they have inherited their land from their ancestors and use it for cultivation purposes and for grazing cattle. While the petitioners were enjoying their land peacefully without any disturbance from any corner, the Indian Army in the year 1980 started entering into their land and later occupied the same without any permission from the petitioners. Although the petitioners raised objections against the occupation of their land, but they were told by the Army personnels that they would be only using certain plots of the land and that also for a few years, purely on a temporary basis. With such assurance, the petitioners had allowed them to use it for a few years, but since the occupation of the land became a continuous process, the petitioners submitted a representation before the Commander, 190 Mountain Brigade, LGG, Tawang, Arunachal Pradesh on 11.08.2010 requesting the payment of adequate compensation for occupation of their land. Despite such request, since no steps were taken by the Army personnel, the petitioner approached the Deputy Commissioner, Tawang and the Deputy Commissioner, vide letter dated 16.08.2011 wrote to the Commander, 190 Mountain Brigade and 40 Mountain Brigade, requesting them to take steps for land acquisition for the areas they have occupied in coordination with the Office of the Defense Estate Officer (DEO) in order to avoid further disputes with the villagers.

4. Accordingly, a joint survey for land acquisition at Lungro GG was th th carried out from 18 to 19 June, 2012, for a total area of 481.41 acres and the map of the surveyed land duly signed by the landowners, Gaon Burahs (GBs) and Circle Officer (CO), Kitpi Circle, were obtained and the same was forwarded to the Circle Officer (CO), Land Management, under the establishment of Deputy Commissioner, Tawang.

5. Thereafter, the Army authorities wrote to the Divisional Forest Officer (DFO), Tawang, informing the latter that a total of 481.41 acres of land was required to be acquired at LGG and that the land had been surveyed and NOC obtained from the landowners and forwarded to the Circle Officer (CO), Kitpi and also to the Deputy Commissioner's Office at Tawang on 10.08.2012. As such, forest clearance for the said area of land was required to the Army authorities to process the case further.

6. Thereafter, pursuant to the Government's Notification No. LR- 152/2010/1811, dated 14.03.2011, a physical verification of the entire project area of LGG (481.43 acres) was carried out by the members of the constituted Committee on 14.06.2014 to verify the extent of the community land, individual land and forest area to be acquired for the purpose of acquisition of the land and the constituted Committee recorded its findings for 481.43 acres of land, wherein, the private land with individual customary holding with forest cover was found to be 160.5 acres and without non-forest cover as 320.93 acres, thereby, totaling to 481.43 acres. Since, further steps was not taken for acquisition of the land, the petit