Page No.# 1/5 GAHC040000662023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/14/2023 Sanjay Dolo and 2 Ors. S/o Late Charo Pangia, Resident of Pangia Village, PO/PS Khenewa, East Kameng District, Arunachal Pradesh. Presently residing at E Sector, Itanagar PO R. K. Mission, PS Itanagar, Arunachal Pradesh. Email dolosanjay@gmail.com. Contact No. 9436631736 2: Kamku Lamnio Age: Occupation : S/o Late Bangro Lamnio Resident of SRPI Colony PO R.K. Mission PS Itanagar Itanagar Capital Comple Arunachal Pradesh Email Nil Contact No. 9436694115/8413927788 3: Yamik Doke Age: Occupation : W/o Shri Taken Doke Resident of Name (Nari) Village PO and PS Nari Lower Siang District Arunachal Pradesh VERSUS THE STATE OF AP and 3 Ors. Page No.# 2/5 Represented by the Secretary, Land Management Department, Govt. of Arunachal Pradesh, Itanagar. 2:The Director Age: 0 Occupation : Land Management Department Govt. of Arunachal Pradesh Itanagar. 3:The Deputy Commissioner Age: 0 Occupation : Itanagar Capital Complex Arunachal Pradesh Itanagar. 4:The Superintending Engineer (Power) Age: 0 Occupation : Naharlagun Electrical Circle. Naharlagun. PO and PS Naharlagun Arunachal Pradesh Advocate for the Petitioner : Marto Kato, M Tanga,Nyali Sora Advocate for the Respondent : GA (AP), Dugmar Kamduk,SC(Land Management),Elina Perme,Lissing Perme,SC(Power) B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 04.03.2025 Heard Mr. M. Kato, learned counsel for the petitioners, Mr. D. Kamduk, learned Standing Counsel, Land Management Department for respondent Nos. 1 & 2, Mr. N. Lowang, learned Senior Government Advocate for respondent No.3 and Mr. L. Perme, learned Standing Counsel, Power Department for respondent No.4. [2.] The case of the petitioners is that they have been allotted land by the Deputy Commissioner, Papum Pare District, Yupia sometime in the year 2004. Page No.# 3/5 However, due to certain complaints that the lands allotted to the petitioners have encroached the land occupied by the Power Department, the matter was looked into by the Deputy Commissioner, who referred the matter to the Director-cum-Ex-Officio Joint Secretary, Land Management Department, vide his Letter dated 30.08.2018. Thereafter, the Director-cum-Ex-Officio Joint Secretary, Land Management Department vide his Letter dated 23.07.2029 informed the Deputy Commissioner that a Board consisting of Senior Officers was constituted to conduct physical ground verification and the said Board submitted its report on 20.07.2019. The Government, after carefully examining the report submitted by the said Board and all other available official records, re-affirmed and confirmed the land allotment approval given in favour of the petitioners. Therefore, Government’s approval was once again conveyed for allotment of Government land located at Sector ‘A’, Naharlagun, near office of the Superintendent Engineering (Power), Govt. of Arunachal Pradesh on lease initially for a period of 30 years subject to conditions provided in the said communication. [3.] Even after conveying of the said communication, further complaint was submitted by the Power Department through the Superintendent Engineering and thereafter, the Deputy Commissioner vide its Order dated 30.10.2023 cancelled the land allotment of the petitioners. Aggrieved, the petitioners are before this Court. [4.] It is seen from the impugned Order dated 30.10.2022 that the grounds for cancelling the land allotment of the petitioners is due to the non-fulfillment of the terms and conditions as was conveyed vide Communication dated 23.07.2019 by the Director-cum-Ex-Officio Joint Secretary, Land Management Page No.# 4/5 Department to the Deputy Commissioner, Itanagar Capital Complex. The petitioner, on the other hand, claim that they have duly fulfilled all the terms and conditions that was stipulated in the said communication. At this stage, Court is informed that there is a provision for filing an appeal under Section 83(1)(b) of the Arunachal Pradesh (Land Settlement & Records) Act, 2000 which provides that an appeal shall lie to the Government represented by the concerned Secretary from every original order passed under the act by the Deputy Commissioner. [5.] Having regard to the said provision and considering the fact that there are claims and counter claims of non-compliance of the terms and conditions that was stipulated in the said Communication dated 23.07.2019, this Court is of the considered view that the matter should be considered by the Appellate authority in terms of the provision as cited herein above. [6.] The writ petition is accordingly disposed of with a direction to the petitioners to file the appeal before the Secretary to the Govt. of Arunachal Pradesh, Land Management Department, within a period of 2 (two) weeks from today. If the same is filed within the stipulated time, the appeal of the petitioners shall not be rejected on grounds of delay. Upon receipt of the said appeal, the Appellate authority shall give due opportunities to the petitioners as well as to the Power Department to project their case and thereafter, take a decision by passing a reasoned speaking order. Such exercise should be done and completed within a period of 2 (two) months from the date of receipt of the appeal. [7.] It is further provided that till such an appeal is filed, the interim order passed by this Court on 23.01.2023 shall stand extended. Beyond the said Page No.# 5/5 period, the petitioners will be at liberty to make appropriate application before the Appellate Authority seeking further interim order, if so advised. In the event of such application being filed, the Appellate Authority shall consider the same in accordance with law and pass appropriate orders. [8.] With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant