The court upheld eviction notices from Reserve Forest land, affirming the authority of the Divisional Forest Officer and denying compensation claims under the LARR Act due to illegal encroachment.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. S. Mow, learned counsel for the petitioners in WP(C)No.403/2024 and Mr. D. K. Deori, learned counsel for the petitioners in WP(C) 133(AP)/2024, WP(C)134(AP)/2024, WP(C) 135(AP)/2024, WP(C) 136(AP)/2024, WP(C) 137(AP)/2024, WP(C) 138(AP)/2024, WP(C)139(AP)/2024, WP(C) 140(AP)/2024, WP(C) 141(AP)/2024, WP(C)142(AP)/2024, WP(C)143(AP)/2024 & WP(C) 144(AP)/2024. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents; Mr. M. Kato, learned DySGI for respondent Union of India and Mr. A. Sharma, learned Standing Counsel for the respondent Oil India Limited.

2. Aggrieved by the eviction notices, dated 13.03.2024, issued by the Divisional Forest Officer (DFO in short), Nampong Forest Division, Jairampur, District Changlang, whereby, the petitioners have been directed to vacate the encroached Reserved Forest land, failing which, they will be evicted from the Reserved Forest area and the cultivation area will be confiscated or demolished as well as no compensation for the loss of such property will be given to the unauthorized occupants, these applications are instituted by the petitioners assailing the individual notices of eviction and have prayed for land compensation.

3. As the issues involved in these writ petitions are similar on facts and law, these writ petitions are heard analogously and disposed of by this common judgment and order.

4. In WP(C) 403 of 2024, the petitioners, 8 (eight) in numbers, who claims to be settled at Muddoknong village @ Moddaka Nallah around the year 1966 under Diyun Circle, Changlang District, Arunachal Pradesh, are aggrieved by the eviction proceedings by the State respondents and claims for compensation.

5. In WP(C) 133(AP)/2024, WP(C)134(AP)/2024, WP(C) 135(AP)/2024, WP(C) 136(AP)/2024, WP(C) 137(AP)/2024, WP(C) 138(AP)/2024, WP(C)139(AP)/2024, WP(C) 140(AP)/2024, WP(C) 141(AP)/2024, WP(C)142(AP)/2024, WP(C)143(AP)/2024 & WP(C) 144(AP)/2024, the petitioners who claims to be settled in the Sompoi-II village, are also aggrieved by the impugned eviction notices dated 13.03.2024, issued by the DFO, Nampong Forest Division, Jairampur and have prayed for land compensation.

6. It is the case of the petitioners that aggrieved by the impending eviction orders to pave way for the “Oil and Gas Drilling and Exploration Project” by M/s Oil India Limited, they approached the Chakma Development Foundation of India (CDFI), an NGO based in New Delhi, on which a complaint was filed before the National Human Rights Commission (in short NHRC) and same was registered as NRC Case No. 6/2/4/2022, seeking compensation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (in short, the LARR Act, 2013) in respect of Sompoi-II and Moddoknong villages. The NHRC disposed of the case vide order, dated 31.08.2022, providing that “no forceful eviction to be made without paying compensation to the affected persons”. It is contended that instead of complying with the order of the NHRC, the respondent authorities issued the impugned eviction notices, dated 13.03.2024 against the petitioners for violation of Section 25(d)(e) and (f) of the Assam Forest Regulation, 1891, under Rule 3(3)(ii) of The Arunachal Pradesh Forest (Ejectment of Unauthorised Persons from Reserved Forest) Rules, 2013, (in short the Ejectment Rules, 2013) which is in clear violat