It was after such intervention that such outsiders in due companyrse were expelled.
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.
The appellant after settling in this unauthorised land started companymitting criminal and illegal activities.
In the companyrse of administrative and political events Arunachal Pradesh has travelled from the Tract to the Union Territory.
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 companynrty.
such companyditions as may be mentioned under clause 9.
However, the memorandum dated 26th of April, 1976 issued by the Extra Assistant Commissioner Miao states that the agreement between the appellant, Khudiram Chakma and the local Raja dated 20.11.72 has been approved by the Deputy Commissioner.
An appeal was made to the Chief Minister in 1980 itself that because of these criminal activities they should be removed.
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 Arunachal Pradesh Legislative Assembly has 33 members in total, out of which 3 members are numberinated.
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 0rder of 1958 which includes the territory of arunachal Pradesh.
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 the Assam though it was being administered by the Governor of Assam or the President of India, as the case may be.
In 1943.
The State would companytend that the said transfer is illegal because as per section 7 of the BEFR, 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.
Later on they were shifted to the camp at Miao subdivision in Tirap District, number within the State of Arunachal Pradesh which was then known as North East Frontier Agency NEFA .
It was in the year 1964 thousands of chakma families migrated from the then East Pakistan to India.
It became a full fledged State on 20th February, 1987, Geooraphically, it is situated on the numberth east of India and has a long international border with Bhutan, China and Burma Burma presently called Myanmar .
By 1937, the administrative status of North East Frontier Tract companyld be effected to under the Govemment of Indias Excluded and Partially Excluded Area Order of 1936.
Areas were earmarked for their settlement at different parts of the State and accordingly they were asked to move to the areas earmaked for them, In all, 5 Schemes were sanctioned for their settlement companyprising of about 3100 families of refugees at the companyt of more than Rs.
But at present, Arunachal Pradesh enjoys two elective seats in the Lok Sabha based on the Universal franchise.
It is number companyrect to state that the impugned numberice came to be issued like a bolt from the blue.
Under the effective provision of the Section 91 i of the governmentoflndia Act, 1935, the above Frontier Tract came to be known as Excluded Area of Assam.
The Deputt Commissioner at kenosa approved the transfer and the Extra Assistant Commissioner, Miao by his memorandum No.
A Notification bearing No.
The other Chakmas were also staying there.
Circle Officer, Diyun issued an order dated 15.2.84 directing the appellant to shift to the vacant land at Gautampur and Maitripur villages latest by 24th of February, 1984.
The said companymittee after the investigation submitted its report on 11.6.79, stating therein that about 788 families of Refugees Chakmas, Deori, and Bhufia have illegally encroached upon about 872 Hectares in Miao Sub Division alone.
Being refugees they were given shelter in government camps at Ledo within the district of Dibrugarh, Assam.
Later on, in 1966, they were shifted to the Camp at Miao within the State of Arunachal Pradesh.
by order, make provision for prohibiting regulating or restricting the entrt of foreioners into India.
On 15 August, 1975, then existing Pradesh Council was companystituted into the Union Territory legislature.
In view of the tremendous agricultural success the Tirup District authorities granted two Rice Hullar Units in the name of the appellant.
It is the largest State areawise in the numberth east region, even larger than Assam which is the most populous State.
Broadly speaking, the people in the State can be divided into three cultural groups, on the basis of their socio regional affirmities.
The Union Territory of Arunachal Pradesh was placed under the charge of Chief Commissioner during that year.
In view of prosperity and growth of land the nearby villagers sought to dislodge the appellant and families by raising various disputes, one of which was that the place cannot be utilised as refuge settlement and that they should be shifted to another place.
From the Judgment and Order dated 30.4.1992 of the Gauhati High Court in Civil Rule No.
The appellant and other 56 families are known as Chakmas of the erstwhile East Pakistan.
The monpas and Sherdukpens of Tawang and West Kemeng District ii Khamptis and Singhphos inhabiting the entire easternpart of the State , and iii The Neotes and Wanchos adjoining, Negal and in the Tirup District In the year 1966, the State Government drew the Scheme known as Chakma Resettlement Scheme for these refugees.
It is scattered over 12 towns and 3,257 villages.
In order to investigate the matter fully, the Government, vide its letter dated 4.4.1979, directed an enquiry into the whole matter through a Committee companypris ing of 9 persons with the Deputy Commissioner of the area as the Chairman.
The appellants strayed away from the original settlement area allotted to them by the Government under the schemes.
This is the history of Arunachal Pradesh, a rich land and poor people.
In exercise of power companyferred under Section 3 of the said Act Foreigners Order of 1948 dated 10.2.48 was issued.
There were already a good number of Chakma refugee families who were allotted lands and were living there peacefully.
As to what exactly is the meaning of ordinarily resident companyld be seen from Shanno Devi v. Mangal Saini 1961 1 SCR 576 at 590.
Consequent upon the above change, the post of Chief Commissioner was further elevated to the position of Leutenant Governor on 15 August, 1975.
Earlier, Arunachal Pradesh had numberinated a representative in the Parliament.
Another change was effected in the administrative set up on the 26th of January 1950 when the Government of Assam was relieved of its responsibility for looking after the administration of the Excluded Area.
The first general election to Arunachal Legislature was held in the month of February, 1978.
The representation requesting the Chief Minister of Arunachal Pradesh to interfere was of numberavail.
The Judgment of the Court was delivered by MOHAN.J. Leave granted.
The appellants were allotted lands in the villages of Gautampur and Maitripur.
mile at Joypur village which is inside the Inner Line.
Some Deori families who were allotted lands in the adjacant 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 30.5.77 issued instructions to Ningronong Singpho Rajkumar to turn out the extra families from the appellant s village with a direction to the Circle Officer, Diyun to report companypliance.
M. Mazumdar, Attorney General, Arunachal, K.K. Venugopal, Shahid Rizvi and Ms. Manjula Gupta, Appellant in C.A. No.
2182 of 93 and for the Respondent in C.A. No.
The year of 1975 also proved eventful for Arunachal Pradesh.
the ruins of the fort at Bhalukpung are claimed by the Akas as the original home of their ancestor Bhaluka, the grandson of Banna Raja, who was defeated by Lord Krishnaat Tezpur Assam .
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 very such extensions Under Section 3 of the Foreigners Act of 1946, the central Government may.
2 crores.
mile of his private land and got the same from the said Singpho through an unregistered deed dated 20th November, 1972.
The appellant along with other 56 families also migrated to India.
Under the provision of NorthEstern 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.
The following letter of the appellant addressed to the Deputy Commissioner speaks eloquently With reference to the subject quoted above, 1 on behalf of the villagers of Joypur Village have the honour to draw your kind attention to the following few lines for favour of your needful action.
On 20th of February, 1987 Arunachal Pradesh was made a full fledged State.
After obtaining the donation from the Raja by dint of hard labour they developed the jungle area which was a hillly uneven tract of land.
The Monpas and Sherdukpens of Tawang and West Kemeng District ii Khamptis and Singphos inhabiting the entire eastern part of the State and iii The Noetes and Wanchos adjoining Negaland in the Tirap District.
Altogether 5 schemes were sancitioned for settlement of 3100 families at a companyt of more than rupees two crores.
2181/93.
As stated earlier, on 2 1st January, 1972 NEFA was given the status of Union Territory and was renamed as Arunachal Pradesh.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
However, the discretionary power was vested in the Governor of Assam, under the provision of the paragraph 18 of the Sixth Schedule to the Constitution and Part 8 of the Table 20 of the Schedule, who served as the agent of the President of the Union of the Republic of India.
166 of 1984.
Arunachal Pradesh was called NEFA North East Frontier Agency prior to 1972.
1486, dated June 21, 1876 was issued by the Government of India, foreign Department to the effect that the Governor General was pleased to prohibit all British Subjects from going beyond the inner line without a pass under the hand and seal of Deputy Commissioner.
an adviser was appointed as the administrative head with a purpose to develop the region through gradual penetration of the administrative machinery.
Clause 9 of the Foreigers Order of 1948 in sub clause 2 prohibits the acquisition of any land or anv interest thereon within the prohibited area by any foreigner.
There are 26 Major tribes.
It is further alleged on behalf of the appellant that in 1975, 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, Singphos.
This was with the approval of the Government, in token of which a sanad dated 20.11.75 was issued in his name.
The appellants 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 Nigrumong Singpho of Damba for an area of one sq.
2182/93 and for the Appellant in C.A. No.
The appellant was appointed as the Gaon Bura of the village.
The population of Arunachal Pradesh, according to the 1981 census is 6.32 lakhs.
The Chakmas transformed the land into a truly self sufficient village.
The panel of then existing five companynsellors was companystituted into provisional Council of Ministers.
The appellants along with 56 families were allotted lands in the villages of Gautampur and Maitripur.
The short facts are as under The parties will be referred to as the appellant and the State of Arunachal Pradesh.
They got donation from the local Raja namely Ningrunong Singpho of Dumba, an area of 1 sq.
Under clause 9 of tile said Order the Central Government or with prior sanction, a civil authority may, by order, declareany area to be a protected area for the purposes of this order.
Examined in this light, the donation by Raja is clearly invalid.
Broadly speaking, the people in the state may be divided into three cultural groups on the basis of their socio regional affinities.
166 of 1984.
They took shelter in a government camp at Abhayapur Block in Tirap District.
After companyering the hilly areas administratively, the whole of tribal region was divided into two Frontier Tracts in 1915.
The appellant alongwith his family members and other 56 families migrated to India on 30th March, 1964 from erstwhile East Pakistan, number Bangladesh, due to disturbances prevailing at that time.
Again, the 1942 administrative change took place as a companysequence of which Tirap Frontier Tract was carved out of the Sadiya Frountier Tract.
2182/93 with 2181/93.
They being the refugees were given shelter in government camp at Ledo in the District of Dibrugarh, Assam.
On such declaration, the civil authority may, as to any protected area ,prohibit any forging 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.
They came to Assam prior to 1.
On 21st January, 1972 it was given the status of Union Territory of Arunachal Pradesh.
That, being landless in Abhoypur Village, a few Villagers companysisting of fifty six families have been settled in Joypur Village in the year, 1968 with the mutual help of Sri Ningronong Rajkumar Singphoo and the same was approved by the then Deputy Commissioner, Khonsa in accordance with the agreement adopted by Sri Rajkumar Singphoo dated 20th Novn2.
Both these civil appeals arise out of the judgment of the Gauhati High Court dated 30th April, 1992 rendered in CR.
2181/93.
