JUDGMENT

Date : 19-02-2021 Heard the learned counsel, Mr.T.T. Tara appearing for the appellant.Also heard the learned counsel, Mr.L. Nochi assisted by Mr. R. Saikia, learned counsel appearing for the respondents.

2. Challenge in this petition is to the order dated 05.10.2017, passed by the Deputy Commissioner, West Siang District, Aalo, whereby the order dated 27.12.2013, passed by the Additional Deputy Commissioner was upheld.

3. Shorn of unnecessary details, the factual matrix leading to filing of this revision petition may be stated thus – in the year 1986, the appellant inherited a plot of land from his deceased father, late Horjum Kamki. At that time, it was a joint family property. In fact, the brothers of the appellant also had shares in that land. At one point of time, the petitioner took step to construct a house at the said plot of land and his deceased father opposed it on the ground that he would not give that land to the petitioner. It may be mentioned that the petitioner being the eldest son, had tried to construct a house there. Thereafter, at the behest of late Horjum Kamki, a Keba was constituted on 14.12.1987. The Keba was held and it had decided that a portion of land measuring 100 x 100 feet should be given to the petitioner for constructing a house at Siru Side. The petitioner was aggrieved by the decision of Keba and he filed an appeal before the Circle Officer. He contended that in the original Keba decision the words “Siru Side” were not mentioned and those two words were subsequently inserted into the Keba decision by some unscrupulous person. Finally, the Circle Officer decided that the land measuring 100 x 100 feet should be at Kipo Side not Siru Side.

4. In the order dated 08.01.1988, the Circle Officer directed the petitioner to construct a house at Kipo Side. Late Horjum Kamki was again aggrieved by the aforesaid decision of the Circle Officer. This time he filed an appeal before the Extra Assistant Commissioner (J) on 11.01.1988. The Extra Assistant Commissioner issued an order on 11.01.1988, asking all concerned to abide by the decision of the Keba dated 14.12.1987 whereby the petitioner was directed not to construct any house on the land of his father, late Horjum Kamki.

5. Aggrieved by the order dated 11.01.1988 the present petitioner approached Shri Bomsen Likar, the PI, Aalo for settlement of the dispute. Thereafter, a Keba was again constituted on 20.01.1988. This time, the Keba held that the petitioner would have right to occupy land from the side of Hiru River to the land of Shri Karom Noshi. In pursuance of the Keba decision dated 20.01.1988 the petitioner constructed his house in the aforesaid land in the year 1988 itself. In the year 1989, a granary house was also built on the back side of the house. Unfortunately, in the year 2004, a cyclone came and destroyed the entire property of the petitioner.

6. In the year 2011, the Government of Arunachal Pradesh initiated a project for a double lane road. Now, the private respondent Shri Modo Kamki staked is claim upon the land of the petitioner. In fact, on 17.08.2011, Deputy Commissioner, West Siang District, Aalo, had issued an order stating that the land measuring 9 metre in width all along the existing BRTF road between Aalo – Kaying would be requisitioned for double lanning of the road. The Deputy Commissioner asked the people having their lands in the proposed area to appear before him with documents, so that compensation could be paid for acquisition of the land under Section 10 of Jhum Land Regulation Act of

1947.

7. Since private respondent Shri Modo Kamki staked his claimed upon the land of the petitioner, the Deputy Commissioner without hearing the petitioner and without relying upon the Keba decision dated 20.01.1988, decided the matter in favour of Shri Modo Kamki.

8. The petitioner has claimed that under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlment Act, 2013 (in short Act of 2013),