ORDER

Date : 17-01-2022 None appears for the petitioners. On 04.01.2022 as well, none had appeared for the petitioners. However, heard Ms. L. Hage, learned Additional Public Prosecutor for the respondent No. 1 and Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 2 & 3.

2. This criminal petition under sections 482 and 397 of the Cr.P.C, 1973 has been filed for quashing of the order passed under Section 133 Cr.P.C, dated 22.11.2021, by the Extra Assistant Commissioner, Diyun vide No. DYN/LR- 11/2015(PT)/1492-36, whereby the petitioners were prohibited from construction of building at government land earmarked/allotted to WRD/PWD Department of Diyun.

3. By the order, dated 26.11.2021, this Court while staying the operation of the impugned order, dated 22.11.2021, had passed the following orders which is reproduced herein below:

“........4. The petitioners claim to be holders of land allotment from the Directorate of Land Management Department, Government of Arunachal Pradesh and over the respective plots of land it is stated that they are undertaking certain constructions. The Water Resources Department (WRD) through their Junior Engineer as reflected in the order dated 01.11.2021 of the Assistant Extra Commissioner believes that the petitioners are encroaching upon the Government land and forcefully trying to dismantle government structures of the department and therefore, the Extra Assistant Commissioner passes the order of 01.11.2021 requiring the petitioners to stop the encroachment and the forceful dismantle of the government structures. Subsequently, it appears that there is another order of the Extra Assistant Commissioner dated 18.11.2021 which is not available on record but the said order had been referred in the order impugned dated 22.11.2021 of the Extra Assistant Commissioner made under Section 133 Cr.P.C. Based upon the order of 18.11.2021, the Extra Assistant Commissioner finds that there are some constructions illegally made by the petitioners by defying his earlier order of 18.11.2021 and accordingly, the order under Section 133 Cr.P.C, was passed prohibiting the petitioners from construction of any building in a government land earmarked/allotted to the WRD/PWD Department at Diyun and with a further direction to the petitioners to remove all such materials and demolish the portion where illegal constructions have already taken place.

5. A reading of the order of 01.11.2021 as well as the order of 22.11.2021 under Section 133 Cr.P.C, gives an indication that the respondents in the WRD are of the view that there is an encroachment by the petitioners over public land. Any act of encroachment of public land without authority of law is a subject matter under the jurisdiction of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003 wherein a certain procedure had been provided for. Section 133 Cr.P.C, prima facie gives the Executive Magistrate an authority to direct for removing unlawful obstruction or nuisance from any public place upon receiving a report of the police or other information and on taking such evidence as he may fit, provided that the circumstances provided for in sub-clauses a to f thereof is satisfied. There prima facie appears clear distinction between the act of creating any unlawful obstruction or nuisance which is required to be removed from any public place and that of an encroachment of public premises for undertaking a construction thereon. From either point of view the provisions of the Public Premises Act appears to be a special law specifically for the purpose of removing encroachment over Public Premises. Whereas on the other hand, even if provisions of Section 133 Cr.P.C could also be invoked to remove an encroachment over public premises, but the same would be a general provision. In the existence of a special law for a purpose it will be the special law which would be made applicable and not a general law. From either point of view, a p