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2025 DAILYLAW 2696 (GAU)

Pema Chukla and 3 Ors v. The Union of India and 7 Ors

WP(C)/578/2025 · 2026-01-20

Marli Vankung

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC040020252025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/578/2025 Pema Chukla and 3 Ors Son of Late Shingtung Chukla, a permanent resident of Village Yorni, PO and PS Mechuka, Shi Yomi District, Arunachal Pradesh. 2: Pema Dorji Chukla Age: Occupation : Son of Late Shingtung Chukla a permanent resident of Village Singbir PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 3: Cheden Goiba Age: Occupation : Son of Shri Rinjen Khandu Goiba a permanent resident of Village Barangang PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 4: Phurba Goiba Age: Occupation : Son of Shri Kesang Goiba a permanent resident of Village Barangang PO and PS Mechuka Shi Yomi District Arunachal Pradesh VERSUS The Union of India and 7 Ors represented by the Secretary, Ministry of Home Affairs, Govt of India, North Block, Page No.# 2/5 Cabinet Secretariat, Raisina Hall, NEW Delhi. 2:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar. 3:The Commissioner / Secretary Age: 0 Occupation : Department of Land Management Govt of Arunachal Pradesh Itanagar. 4:The Director Age: 0 Occupation : Land Management Department Govt of Arunachal Pradesh Itanagar. 5:The Director General Age: 0 Occupation : Indo Tibetan Border Police Block No.2 CGO Complex Lodhi Roads New Delhi 110003 6:The Deputy Inspector General Age: 0 Occupation : Indo Tibetan Boarder Police Block No.2 CGO Complex Lodhi Roads New Delhi 110003 7:The Director General Age: 0 Occupation : Assam Rifles Shillong East Khasi Hill District Meghalaya Division Page No.# 3/5 Shillong Head Quarter. 8:The Deputy Commissioner Age: 0 Occupation : Shi Yomi District PO and PS Mechuka Arunachal Pradesh Advocate for the Petitioner : Kemo Lollen, Arun Yun,Maryum Sora,Geli Taye,D Ado Advocate for the Respondent : Marto Kato, GA (AP),DSGI BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 21-01-2026 Heard Mr. K. Lollen learned counsel for the petitioners, who submits that the instant writ petition filed under Article 226 of the Constitution is for acquisition of the landed properties of the petitioners, who are owners of Barangang located at Mechuka under Shi-Yomi District, Arunachal Pradesh measuring about 100 acres which has been utilized by the Indian Army and thereafter occupied by the ITBP, wherein the petitioners have not been given any compensation for the occupation of their landed property. 2. The learned counsel submits that the instant writ petition can be disposed of, if an order is made for the respondents to consider their representation filed before the concerned authorities and thereafter, received by the Secretary, Land Management/respondent No. 3 on 11.07.2025. The learned counsel submits that the said representation has been lying till date, without consideration and that a direction may be passed that the said representation made by the petitioners should be considered and disposed of at an early time. Page No.# 4/5 3. The learned counsel further submits that in a similar case a Co-ordinate Bench of this court in WP(C) No. 121(AP)/2019 dated 22.06.2023, had also passed an order for the respondents to consider the representation made by the petitioners and prayed that a similar order may be passed by giving a 6 (six) months time for the respondents to verify the claim of the petitioners by giving a fair opportunity to the ITBP of being heard in the matter. 4. Ms. K. Wangmu, learned Government Advocate for the State respondents and Mr. N. Sora appearing on behalf of Mr. M. Kato, learned DSGI submits that they have no objection to the disposal of the instant writ petition, by passing a similar order as passed by the Co-ordinate Bench of this court in WP(C) No. 121(AP)/2019. The learned Government Advocate also submits that a specific direction may also be given to the respondent No. 8 for taking the necessary steps. 5. In view of the submissions and considering the limited prayer made by the learned counsel for the petitioners, this court find it appropriate to pass a similar order as passed by this Bench in WP(C) No. 121(AP)/2019 dated 22.06.2023, by issuing a direction to the respondent No. 8, i.e. the Deputy Commissioner, Shi- Yomi District, PO/PS-Mechuka, Arunachal Pradesh to take necessary steps to verify the present status of the land and verify whether the Into-Tibetan Border Police (ITBP), have the necessary documents with regard to allotment of the land in question and thereafter, take necessary steps to verify the claim of the petitioners. During the process of verification, the Indo-Tibetan Border Police (ITBP) should also be given a fair opportunity of being heard in the matter. The exercise, is to be completed within a period of 6 (six) months from the date of receipt of the certified copy of this order. Page No.# 5/5 6. Accordingly, the instant WP(C) No. 578(AP)/2025 stands disposed of, with the above directions. JUDGE Comparing Assistant