Government land allotment confers rights to the allottee, validating the maintainability of an injunction suit despite disputes over title.

JUDGMENT :

ANJAN MONI KALITA, J.

1. Heard Mr. M. Pertin, learned Senior Counsel assisted by Mr. K. Dabi, learned counsel for the appellant. Also heard Ms. N. Danggen, the learned counsel for the respondent.

2. The background facts leading to filing of the present appeal are briefly stated hereinbelow:-

(i)The respondent herein as plaintiff filed an injunction suit against the appellant herein as defendant for restraining the appellant permanently from encroachment of her Govt. allotted land measuring 374 Sq. Mtrs. located at Prem Nagar, ‘B’ Sector, Naharlagun by way of a mandatory injunction. The same was registered as Title Suit No. 30/2017. The facts as have been narrated in the plaint are that in the year, 2005, the appellant persuaded the respondent to buy a plot of land measuring 374.5 Sq. Mtrs. located at ‘B’ Sector, Naharlagun. Accordingly, the aforesaid land was sold to the appellant for an amount of Rs.2,20,000/- (Rupees Two Lakhs Twenty Thousand) only and a deed of agreement dated 18.02.2005 was executed between the appellant and the respondent. The appellant in acknowledgment of the receipt of the aforesaid amount, executed a money receipt dated 18.02.2005. At the time of the aforesaid purchase, the respondent was unaware of the fact that the actual owner of the land was the ex-wife of the appellant, namely, Smti. Yama Soki as the land was a Government allotted land to her. Accordingly, the respondent constructed an Assam Type house on the aforesaid land and rented it out by procuring electricity and water connection.

(ii) As the respondent came to know that the aforesaid land was in fact a Government allotted land, and the same can only be transferred by way of a gift, a gift deed dated 24.01.2005 was executed between the respondent and the aforesaid Smti. Yama Soki for an area measuring 374 Sq. Mtrs out of total area of 450 Sq. Mtrs. Accordingly, land measuring 374.5 Sq. Mtrs was gifted to the respondent. Thereafter, the respondent applied before the competent authority for a formal transfer and allotment of the aforesaid land measuring 374 Sq. Mtrs by submitting the original gift deed and deed of agreement dated 18.02.2005. The competent authority accordingly approved the application of the respondent on 13.04.2006 and the Government Land Pass Book No. NLG/9/77/06 was issued to the respondent. The respondent has been paying the revenue for the aforesaid land to the Government since such allotment.

(iii) The respondent was in a peaceful possession of the aforesaid land and there was no disturbance from anyone including the appellant. The problem arose when Naharlagun General Hospital was upgraded to Tomo Riba Institute of Health and Medical Sciences (TRIHMS) and there was a sudden change in the attitude of the appellant as he started to pick up quarrels with the respondent as well as her tenants for petty issues. The appellant encroached the respondent’s land by threatening her tenants and due to that, the tenants vacated their rooms. Faced with the aforesaid situation, on a complaint, the Commissioner, Capital Complex, Itanagar directed the eviction of the appellant but the appellant never complied with such directions. Rather, the appellant forcefully encroaching over the respondent’s land illegally set up a wine shop and constructed one RCC structure over her portion of land.

(iv) On 26.07.2017, the respondent approached the Addl. District Magistrate, Capital Complex, Itanagar and the Officer-in-Charge of Naharlagun Police Station was directed to do a verification of the land. Accordingly, the aforesaid Investigating Officer after recording the statements of the appellant, respondent and ot