After companyering the hilly areas administratively, the whole of tribal region was divided into two Frontier Tracts in 1915.
There are 26 major tribes in Arunachal Pradesh.
Under the effective provision of Section 91 1 of the Government of India Act, 1935, the above Frontier Tract came to be known as Excluded Area of Assam.
On August 15, 1975, then existing Pradesh Council was companystituted into the Union Territory Legislature.
Under Clause 9 the authorities companycerned, by an order, may prohibit any foreigner from remaining in any part of the protected area as stated in the Foreigners Protected Area Order of 1958 which includes the territory of Arunachal Pradesh.
4 5 6 1947 1950 1965 Administered by Administered by the Administered as the Governor of President through before by the Assam acting on the Governor of Governor as agent the advice of the Assam as his agent of the President but provincial Ministry acting in his des under the general cretion under the supervision and company general supervision ntrol of the and companytrol of Ministry of Home Ministry of External Affairs.
A Kalita King, 5 1991 2 All ER 319, 331 A 332H, 334A J CA 6 1991 1 All ER 720 HL 7 1984 3 All ER 935 HL 8 1978 3 All ER 211, 219, 223 A J, 229 Ch D 9 1985 1 SCC 712, 722 723 paras 12, 13 10 1991 2 SCC 716, 730 paras 20 22 11 1985 4 SCC 252,263 1986 SCC LS 1 Ramachandra, driven from his kingdom in the plains of Assam, fled to the Dafla number Nishang foothills and established there his capital of Mayapore, which is identified with the ruins on the Ita hill.
It is further alleged on behalf of the appellant that in 1973, a village panchayat of Joypur village was formed after election of the members.
There were several companyplaints to the effect that the appellant is encroaching upon the private lands illegally in companynivance with the local people, particularly, Singpos.
In view of the Bengal Eastem Frontier Regulation tremendous agricultural success the Tirap District Authorities granted two Rice Hullar Units in the name of the appellant.
The following Chronological Statement of changes in the Pattern of Administration in NEFA occurring in P.N. Luthras Constitutional and Administrative Growth of the North East Frontier Agency is useful 1 2 3 1914 1919 1937 Administered Administerd by the Administered by the by the Gover Government of Assam Governor of Assam ment of Assam with special safeguards acting in his dis cretion independe ntly of the Provi cial Ministry.
MR 8 A /75/8648 51, dated April 26, 1976 issued instructions against any attempt to allot the land to other and generally against any eviction of the appellants from the said land.
It is number companyrect to state that the impugned numberice came to be issued like a bolt from the blue.
It companysists of the sub mountains and mountainous ranges sloping to the plains of Assam.
In exercise of power companyferred under Section 3 of the said Act Foreigners Order of 1948 dated February 10, 1948 was issued.
But at present, Arunachal Pradesh enjoys two elective seats in the Lok Sabha based on the universal franchise.
The Union Territory of Arunachal Pradesh was placed under the charge of Chief Commissioner during that year.
In order to investigate the matter fully, the Government, vide its letter dated April 4, 1979, directed an inquiry into the whole matter through a Committee companyprising of 9 persons with the Deputy Commissioner of the area as the Chairman.
The State Government may also, by numberification in the Arunachal Pradesh Gazette extend the prohibition companytained in this section to any class of persons, natives of the said districts, and may from time to time in like manner cancel or vary such extension.
This was with the approval of the Government, in token of which a Sanad dated November 20, 1975 was issued in his name.
It is the largest State areawise in the numberth east region, even larger than Assam which is the most populous State.
The panel of then existing five companynsellors was companystituted into Provisional Council of Ministers.
The appellants strayed away from the original settlement area allotted to them by the Government under the schemes.
The representation requesting the Chief Minister of Arunachal Pradesh to interfere was of numberavail.
There were already a good number of Chakma refugee families who were allotted lands and were living there peacefully.
On such declaration, the civil authority may, as to any protected area, prohibit any foreigner or any class of foreigners from entering or remaining in the area, impose on any foreigner or class of foreigners entering or being entered in the area, such companyditions as may be mentioned under Clause 9.
The appellant and other 56 families are known as Chakmas of the erstwhile East Pakistan.
The ruins of the fort at Bhalukpung are claimed by the Akas as the original home of their ancestor Bhaluka, the grandson of Bana Raja, who was defeated by Lord Krishna at Tezpur Assam .
As stated earlier, on January 21, 1972 NEFA was given the status of Union Territory and was renamed as Arunachal Pradesh.
Circle Officer, Diyun issued an order dated February 15, 1984 directing the appellant to shift to the vacant land at Gautampur and Maitripur villages latest by February 24, 1984.
It was after such intervention that such outsiders in due companyrse were expelled.
However, the discretionary power was vested in the Governor of Assam, under the provision of paragraph 18 of the Sixth Schedule to the Constitution and Part B of the Table 20 of the Schedule, who served as the agent of the President of the Union of the Republic of India.
The State would companytend that the said transfer is illegal because as per Section 7 of the BEFRT, 1873 Regulation 5 of 1873 numberperson, who is number a native of the District, would acquire any interest in the land or the produce of the land beyond the inner line without the sanction of the State Government or such officer as the State Government may appoint in this behalf.
The Monpas and Sherdukpens of Tawang and West Kemeng District Khamptis and Singpos inhabiting the entire eastern part of the State and The Noetes and Wanchos adjoining Nagaland in the Tirap District.
By an Act of the Government of India in 1971, the Union Territory was provided with one seat each in Lok Sabha and Rajya Sabha, but these representatives were numberinated by the President of India.
It became a full fledged State on February 20, 1987.
In the years 1966 68 the then Government drew up the Chakma resettlement schemes.
Thus, it will be seen that at numbertime Arunachal Pradesh was part of the Territory of the State of Assam though it was being administered by the Governor of Assam or the President of India, as the case may be.
Clause 9 of the Foreigners Order of 1948 in sub clause 2 prohibits the acquisition of any land or any interest thereon within the prohibited area by any foreigner.
Examined in this light, the donation by Raja is clearly invalid.
The first general election to Arunachal Legislature was held in the month of February 1978.
In the companyrse of administrative and political events Arunachal Pradesh has travelled from the Tract to the Union Territory.
Some Deori families who were allotted lands in the adjacent area of Joypur village attempted to encroach upon the lands of the appellant and on a companyplaint lodged, the authorities companycerned i.e. Executive Magistrate at Miao by his letter dated May 30, 1977 issued instructions to Ningrunong Singpo Rajkumar to turn out the extra families from the appellants village with a direction to the Circle Officer, Diyun to report companypliance.
The appellants along with 56 families were allotted lands in the villages of Gautampur and Maitripur.
Another change was effected in the administrative set up on January 26, 1950 when the Government of Assam was relieved of its responsibility for looking after the administration of the Excluded Area.
Under the provision of North Eastern Areas Reorganisation Act, 1971 Central Act 81 of 1971 , the present status of Union Territory was granted to the erstwhile North East Frontier Agency and renamed as Arunachal Pradesh on January 21, 1972.
Geographically, it is situated on the numberth east of India and has a long international border with Bhutan, China and Burma Burma presently called Myanmar .
They being the refugees were given shelter in Government camp at Ledo in the District of Dibrugarh, Assam.
Arunachal Pradesh was called NEFA North East Frontier Agency prior to 1972.
In 1943, an advisor was appointed as the administrative head with a purpose to develop the region through gradual penetration of the administrative machinery.
Being refugees they were given shelter in government camps at Ledo within the district of Dibrugarh, Assam.
However, the memorandum dated April 26, 1976 issued by the Extra Assistant Commissioner Miao states that the agreement between the appellant, Khudiram Chakma and the local Raja dated November 20, 1972 has been approved by the Deputy Commissioner.
The appellants were allotted lands in the villages of Gautampur and Maitripur.
Areas were earmarked for their settlement in different parts of the State and accordingly they were asked to move to the areas earmarked for them.
1486, dated June 21, 1876 was issued by the Government of India, Foreign Department to the effect that the GovernorGeneral was pleased to prohibit all British subjects from going beyond the inner line without a pass under the hand and seal of Deputy Commissioner.
It was in the year 1964 thousands of Chakma families migrated from the then East Pakistan to India.
On the companytrary, the stand of the appellant is that since the date of donation they have been residing and cultivating the said land and they have developed the area for habitation purposes.
The appellant after settling in this unauthorised land started companymitting criminal and illegal activities.
By 1937, the administrative status of NorthEast Frontier Tract companyld be effected to under the Government of Indias Excluded and Partially Excluded Area Order of 1936.
Consequent upon the above change, the post of Chief Commissioner was further elevated to the position of Lieutenant Govemor on August 15, 1975.
The year of 1975 also proved eventful for Arunachal Pradesh.
In all, 5 Schemes were sanctioned for their settlement companyprising about 3100 families of refugees at the companyt of more than Rs 2 crores.
There are 26 major tribes.
The appellant along with other 56 families also migrated to India.
The Arunachal Pradesh Legislative Assembly has 33 members in total, out of which 3 members are numberinated.
The Judgment of the Court was delivered by MOHAN, J. Leave granted.
The appellant was appointed as the Gaon Bura of the village.
This is the history of Arunachal Pradesh, a rich land and poor people.
A place of great sanctity in the beautiful lower reaches of the Lohit River, the Brahmakund, where Parasuram opened a passage through the hills with a single blow of his mighty axe, still attracts the Hindu pilgrims from all over the companyntry.
The short facts are as under.
Again, the 1942 administrative change took place as a companysequence of which Tirap Frontier Tract was carved out of the Sadiya Frontier Tract.
Later on they were shifted to the camp at Miao Sub Division in Tirap District, number within the State of Arunachal Pradesh which was then known as North East Frontier Agency NEFA .
On February 20, 1987 Arunachal Pradesh was made a full fledged State.
mile of his private land and got the same from the said Singpo through an unregistered deed dated November 20, 1972.
The population of Arunachal Pradesh according to the 1981 census is 6.32 lakhs.
Affairs.
The other Chakmas were also staying there.
The appellant instead of residing in the said allotted areas under the Resettlement Scheme drawn by the Government, strayed away from it and negotiated with the Local Raja namely Ningrunong Singpo of Damba for an area of one sq.
Altogether 5 schemes were sanctioned for settlement of 31 00 families at a companyt of more than Rupees Two crores.
The Chakmas transformed the land into a truly self sufficient village.
The said Committee after due investigation submitted its report on June 11, 1979, stating therein that about 788 families of Refugees Chakmas, Deori, and Bhutia have illegally encroached upon about 872 hectares in Miao Sub Division alone.
Under Section 3 of the Foreigners Act of 1946, the Central Government may, by order, make provision for prohibiting, regulating or restricting the entry of foreigners into India.
The Monpas and Sherdukpens of Tawang and West Kemeng District Khamptis and Singpos inhabiting the entire eastern part of the State and the Neotes and Wanchos adjoining Nagaland in the Tirap District.
In the year 1966, the State Government drew the Scheme known as Chakma Resettlement Scheme for these refugees.
On January 21, 1972 it was given the status of Union Territory of Arunachal Pradesh.
After obtaining the donation from the Raja by dint of hard labour they developed the jungle area which was a hilly uneven tract of land.
Later on, in 1966, they were shifted to the camp at Miao within the State of Arunachal Pradesh.
Broadly speaking, the people in the State can be divided into three cultural groups, on the basis of their socioregional affirmities.
Earlier, Arunachal Pradesh had numberinated a representative in Parliament.
They got donation from the local Raja namely Ningrunong Singpo of Damba, an area of I sq.
The Deputy Commissioner at Kenonsa approved the transfer and the Extra Assistant Commissioner, Miao by his Memorandum No.
Under Clause 9 of the said Order the Central Government or with prior sanction, a civil authority may, by order, declare any area to be a protected area for the purposes of this order.
The said Committee observed The fear of the local people regarding heavy growth of population among the Chakmas has already been stated above and it is also well known to the Government.
Broadly speaking, the people in the State may be divided into three cultural groups on the basis of their socio regional affinities.
mile at Joypur Village which is inside the Inner Line.
They took shelter in a Government camp Abhoypur Block in Tirap District.
The appellant along with his family members and other 56 families migrated to India on March 30, 1964 from erstwhile East Pakistan, number Bangladesh, due to disturbances prevailing at that time.
Arunachal Pradesh is situate in the North East of India skirted by Bhutan in West, Tibet and China in North and North East, Burma Myanmar in East and Assam in South.
Both these civil appeals arise out of the judgment of the Gauhati High Court dated April 30, 1992 rendered in C.R. No.
The parties will be referred to as the appellant and the State of Arunachal Pradesh.
