Prior notice is mandatory before eviction proceedings can be initiated under the Arunachal Pradesh Public Premises Act, ensuring adherence to principles of natural justice.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Taking into consideration that the writ petition is of the year 2021 and also, in view of the subject matter and as also have agreed to by the learned counsels for the parties, this writ petition is taken up for disposal at the admission stage.

2. As per the facts projected in the petition, the petitioner who is an Extension Officer in the Social Welfare Department had occupied about 1200 Sq.Mtrs. of Government land. Subsequently, she had applied for allotment of the said land and on such application, the Circle Officer, P/Kessang, East Kameng District had passed an order dated 20.07.2005 granting provisional allotment of 1200 Sq. Mtrs. of land. It was, however, stated in the order that the same was done in anticipation of the approval from the Government.

3. On the strength of such allotment, the petitioner had constructed a Katcha house and thereafter, due to her service, she was transferred and posted in some other districts and in her absence, there was encroachment over the aforesaid land reducing the area to about 710 Sq. Mtrs. On noticing the same and to preserve the land, the petitioner had constructed a barbed wire fencing over the plot of land in the year 2013. However, when the said activity was going on, the respondent No.4 had raised a dispute by claiming ownership over the said plot of land. The petitioner had accordingly, filed a complaint before the authorities, in which, on 08.02.2018, the respondent No.4 was summoned by the Extra Assistant Commissioner, Pakke-Kessang, East Kameng District. However, it is the case of the petitioner that the respondent No.4 did not appear in the said proceeding and on the other hand, had lodged an FIR at the Seppa Police Station, which was registered as Seppa P.S. Case No.15/2018, under Sections 4 47 /427/506/34 of the IPC.

4. The charge sheet was laid after the investigation. However, the learned Chief Judicial Magistrate, Seppa, East Kameng District, on examination of the materials, vide order of 05.02.2021 had discharged the petitioner in the criminal case registered as G.R Case No.15/2018. After such discharge, the petitioner had submitted an application to the Deputy Commissioner, Pakke Kessang District on 01.05.2021 informing him regarding the construction of a house. Almost at the same time, a notice was issued to the petitioner on 07.05.2021 by the Estate Officer, Pakke Kessang District directing her to stop the construction and remove the same within 7(seven) days, failing which the structure would be evicted by the District Administration at the cost of the petitioner.

5. It is the contention of the petitioner that the said notice was issued without any show cause notice or any opportunity afforded to her. The petitioner had accordingly, submitted a reply through her counsel on 09.06.2021. Thereafter, on 05.08.2021, another notice was issued to the petitioner to remove the construction. Accordingly, having no other alternative, the petitioner had preferred an appeal before the Deputy Commissioner who is the Appellate Authority. As the same appeal was not taken up for consideration, the petitioner had earlier filed WP(C)242 of 2021 before this Court, which was disposed of by this Court vide order dated 11.08.2021 with a direction for consideration of the appeal with a further observation that till such consideration, the impugned order would remain stayed. The aforesaid order of this Court dated 11.08.2021 wa