Page No.# 1/14 GAHC040013332022 2025:GAU-AP:267 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/416/2022 Likha Budh and 28 Ors. S/o Shri Likha Tegi, Village Radhpu, PO Deed, PS Yachuli, District Lower Subansiri, Arunachal Pradesh. Phone 8974704951 2: Nich Budh Age: Occupation : S/o Lt. Nich Taha Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8729943090 3: Nich Serbi Age: Occupation : S/o Lt. Nich Teki Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 9612755512 4: Debia Tado Age: Occupation : S/o Lt. Debia Tamar Page No.# 2/14 Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 9612125166 5: Tar Nitin Age: Occupation : S/o Lt. Tar Khori Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh. Phone 7085775191 6: Debia Epa Age: Occupation : S/o Lt. Debia Toluk Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8729900941 7: Nangbia Tedh Age: Occupation : S/o Lt. Nangbia Topuk Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 6909736270 8: Nich Yasin Age: Occupation : W/o Shri Nich Budh Page No.# 3/14 Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8794437073 9: Neelam Sera Age: Occupation : S/o Lt. Neelam Tekki Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 6909183375 10: Neelam Lej Age: Occupation : S/o Lt. Neelam Tekki Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 7630955712 11: Tar Sita Age: Occupation : W/o Shri Tar Tekhi Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 7628972414 12: Nangbia Teni Age: Occupation : S/o Shri Nangbia Rika Village Ekhataya Page No.# 4/14 PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8729808604 13: Likha Tayi Age: Occupation : S/o Lt. Likha Tedh Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 7630841439 14: Tar Kach Age: Occupation : S/o Lt. Tar Tado Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8798393213 15: Debia Tamar Age: Occupation : S/o Shri Debia Taha Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8413931421 16: Nich Takam Age: Occupation : S/o Lt. Nich Taba Village Ekhataya Page No.# 5/14 PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8119091334 17: Debia Tatar Age: Occupation : S/o Shri Debia Tajam Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8798047071 18: Debia Har Age: Occupation : S/o Shri Debia Tangam. Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 6909740081 19: Nangbia Khoda Age: Occupation : S/o Lt. Nanbia Begi Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8119973618 20: Tar Kasha Age: Occupation : S/o Shri Tar Nitin Village Radhpu PO Deed Page No.# 6/14 PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 7085759330 21: Debia Tarin Age: Occupation : S/o Lt. Debia Toluk Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 9862226038 22: Debia Niya Age: Occupation : S/o Lt. Debia Toluk Village Ekhataya PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8132861944 23: Tar Epo Age: Occupation : S/o Lt. Tar Teji Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8119056340 24: Debia Tangam Age: Occupation : S/o Lt. Debia Tamar Village Radhpu PO Deed Page No.# 7/14 PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 9362814943 25: Debia Topu Age: Occupation : S/o Lt. Debia Tedi Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 7085834750 26: Neelam Napa Age: Occupation : S/o Lt. Neelam Heri Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 6909124123 27: Debia Yap Age: Occupation : W/o Lt. Debia Leil Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 8416008067 28: Debia Tana Age: Occupation : S/o Lt. Debia Tacho Village Ekhataya PO Deed Page No.# 8/14 PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 9957353874 29: Debia Char Age: Occupation : S/o Shri Debia Tado Village Radhpu PO Deed PS Yachuli District Lower Subansiri Arunachal Pradesh Phone 936235164 VERSUS THE STATE OF AP and 8 Ors. Represented by the Principal Secretary (Env and Forest), Department of Environment and Forest, Govt. Arunachal Pradesh, Itanagar. 2:The Forest Settlement Officer cum the Deputy Commissioner Age: 0 Occupation : Lower Subansiri District Ziro. 3:The Forest Officer cum Divisional Forest Officer Age: 0 Occupation : Hapoli Forest Division Hapoli. 4:The Range Forest Officer Age: 0 Occupation : Yachuli Forest Range Yachuli. 5:Tar Torum Age: 0 Occupation : S/o Late Tar Taro Permanent Resident of Ekhataya Village PO Deed Lower Subansiri District Arunachal Pradesh. 6:Tar Pagi Age: 0 Occupation : S/o Late Tar Taro Permanent Resident of Ekhataya Village PO Deed Page No.# 9/14 Lower Subansiri District Arunachal Pradesh. 7:Tar Hechi Age: 0 Occupation : S/o Late Tar Taro Permanent Resident of Ekhataya Village PO Deed Lower Subansiri District Arunachal Pradesh. 8:Tar Suma Age: 0 Occupation : S/o Late Tar Taro Permanent Resident of Ekhataya Village PO Deed Lower Subansiri District Arunachal Pradesh. 9:Tar Kaya Age: 0 Occupation : S/o Late Tar Taro Permanent Resident of Ekhataya Village PO Deed Lower Subansiri District Arunachal Pradesh Advocate for the Petitioner : T T Tara, D Loyi,Gamken Bam,Terji Kamchi,Kirmani Lollen,Riya Sarkar Advocate for the Respondent : GA (AP), T Torum -BEFORE- HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 27.02.2025 JUDGMENT AND ORDER (ORAL) Heard Mr. T. T. Tara, learned counsel for the petitioners. Also heard Ms. R. Basar, learned Junior Govt. Advocate for the State and Mr. T. Torum, learned counsel petitioner-in-person. Page No.# 10/14 2. The present writ petition is filed assailing a Notification bearing Memo No. FOR.687/cns/2016/2406 dated 12.04.2018 issued under Section 3A of the Arunachal Pradesh Village Forest Reserve (Constitution and Maintenance) Act, 1975 as amended in 1984 read with Section 4 & 5 of the Assam Forest Regulation, 1891 for the schedule land, whereby, the Deputy Commissioner, Lower Subansiri District was appointed as the Forest Settlement Officer and the Division Forest Officer, Hapoli Forest Division as the Forest Officer respectively to inquire into and determine the existence nature and extent of any right claimed by or alleged to exist in favour of any person in or over the land comprised in the schedule. The further challenge is order of Mutation in respect of schedule land in favour of the Forest Department. 3. It is the contention of Mr. Tara that though other issues are raised by filing additional affidavit, however, he will confine his argument to the impugned Notification as well as the Mutation order. According to him, before making any declaration under Section 6, the Mutation could not have been granted in favour of the Forest Department. It is further contended that the petitioners are interested person in the land inasmuch as, they are also the owner of the land, however, their lands are sought to be taken away in-collusion with the respondent No. 5 to 9. 4. The learned State counsel, on the other hand, referring to the determination made by a co-ordinate bench in the case of Adi Bomong Miku and 8 (eight) others-vs-State of Arunachal Pradesh & 7 (seven) Others and similar writ petition being WP (C) 91 (AP) 2020 submits that the issue has already been determined and this Court up-held the power of the authorities to issue Notification under Section 3A of the Arunachal Page No.# 11/14 Pradesh Anchal Forest Reserve (Constitution and Maintenance) Act, 1975 and under the Assam Forest Regulation, 1891 and therefore, this writ petition also is liable to be dismissed inasmuch as, the authorities has only issued Notification under Section 3A of the Act, 1975 and the Regulation, 1891 and therefore, the petitioner will have all reasonable opportunity to raise their claims when Notice/ Proclamation under Section 6 of the Regulation, 1891 is issued. 5. The learned counsel for respondent No. 5, petitioner-in-person argues that the land belongs to them and accordingly, they had donated the aforesaid land to the Forest Department for creation of Anchal Forest and therefore, there is no illegality in issuing the Notification under Section 3A of the Act, 1975 and the Regulation, 1891 and mutating the name of the Forest Department in revenue record. 6. I have considered the arguments advanced by the learned counsel for the parties. 7. Section 4 of the Regulation, 1891 empowers the State Government to constitute any land at its disposal a reserve forest in the manner prescribed under Chapter-II of the said Regulation. In terms of Section 5 (1) when it is proposed to constitute any land, reserve forest, the State Government is to publish a Notification in the Official Gazette specifying as nearly as possible the situation and limits of such land, declaring that it is proposed to constitute such land as reserve forest and also appointing an officer to inquire into and determine the existence, nature and extent of any right claimed by or alleged to exist in favour of any person in or over any land comprised within such limit. Therefore, it is seen that the impugned Notification is clearly a notice under Section 5 (1) of the Act, Page No.# 12/14 1975. 8. On the other hand, Section 3 (1) of the Act, 1975 empowers the State to constitute Anchal Forest Reserve by publishing Notification in the Official Gazette any land at the disposal of the Government as a Anchal Forest Reserve in the manner provided under Chapter-II of the Regulation, 1891. 9. Thus, it abundantly clear that the impugned notice issued was under the aforesaid provisions i.e. Section 5 (1) of the Regulation, 1891 and Section 3 (1) of the Act, 1975 and both the provisions empowers the State Government to issue Notification to declare certain land as Village Forest, which are at its disposal. Admittedly, the respondent had donated some land in favour of the State and by virtue of such donation, Mutation order has been issued. Whether such land actually belongs to these doners and the gift are valid cannot be a subject matter of this writ proceeding inasmuch as, such dispute even, if it is raised can be decided by a competent Court constituted in this regard. Therefore, the genuiness of the Mutation order is not dealt with or interfered with by this Court inasmuch as, the disposal of the land in the hand of the Government is a condition in terms of Section 4 of the Regulation, 1891 and under Section 3 (1) of the Act, 1975. 10. The State has taken a specific stand in their affidavit that the details procedure for settlement of rights on proposed Village as prescribed under Section 5 to 17 under Chapter-II of the Regulation, 1891 will be strictly followed by the State and the State is yet to issue Proclamation Notification under Section 6 of the Regulation, 1891. The fact that proclamation/notification under Section 6 is not yet issued is also not Page No.# 13/14 disputed by the learned counsel for the petitioner. 11. Section 6 of the Regulation, 1891 mandates that when Notification is published under Section 5, the Forest Settlement Officer shall publish in the language of the country, at the headquarters of each district and sub- division, in which any portion of the land comprised in such notification, is situate and in every town and village in the neighbourhood of such land a proclamation specifying the requirements as enumerated under Sub- clause (a) to (d) which includes a fixing a period of not less than 3 (three) months from the date of proclamation and requiring every person claiming any right or making any claim referred to or mentioned in Section 5 to present to such officer within such period as prescribed. Therefore, in the backdrop of the specific stand taken by the State respondent that Section 6 proclamation has not yet been issued and that the State will strictly follow such procedure, in the considered opinion of this Court, the petitioner should not have any grievance inasmuch as, they will have all the right to file their objection in terms of Sub-Clause (d) of Section 6 of the Regulation, 1891. 12. Accordingly, this Court do not find any infirmity in issuing the Notification under Section 5 (1) of the Regulation, 1891 and Section 3 (1) of the Act, 1975. 13. In view of the above, this writ petition stands dismissed. However, it is needless to say that the petitioners shall be at liberty to ascertain their right as granted under Section 6 of the Regulation, 1891. Page No.# 14/14 JUDGE Comparing Assistant