Shri Vijoy Tachang and Ors .vs . The State of Arunachal Pradesh and Ors MANU/GH/0198/2010

Petitioners filed present Petition for setting aside and quashing Land Possession Certificate (LPCs) issued in favour of Respondent No. 7 on ground that LPCs was issued in complete violation of 2006 Act and also for handing over possession of forest land to Petitioners. Hence, this Petition was filed. Whether, LPCs issued in favour of Respondent No. 7 was bona fide and proper. Held, affluent person like Respondent No. 7 had been active in exploiting fellow tribesmen like Petitioners by way of depriving them in getting LPCs in area where they have been living for long. Respondent No.7 used all her power and influence for obtaining LPCs granted within a short period of time by circumventing and violating all prevailing provisions of law and procedure prescribed by State. Therefore, Government was bound to consider Applications submitted by Petitioners, for protecting their rights and privileges under the provisions of 2006 Act. Thus, Respondent No.3 was directed to pass necessary orders cancelling all LPCs in question issued in favour of Respondent No. 7. Petition dismissed. Ratio Decidendi “Government shall protect rights and privileges of tribal people as per provisions of Statute.”Petition allowed