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PETITIONER: ASSAM RIFLES MULTI-PURPOSE CO-OPERATIVESOCIETY LTD. & ANOTHE

       Vs.

RESPONDENT: UNION OF INDIA & ANOTHER.

DATE OF JUDGMENT01/05/1989

BENCH: PATHAK, R.S. (CJ) BENCH: PATHAK, R.S. (CJ) KANIA, M.H.

CITATION:  1990 AIR  111            1989 SCR  (2) 853  1989 SCC  Supl.  (1) 484 JT 1989 (2)   254  1989 SCALE  (1)1155

ACT:     Constitution  of India, 1950: Article 32--Settlement  of retired  defence  personnel, specially of Assam  Rifles,  in NEFA area--Directions issued.

HEADNOTE:     The  petitioners,  the Assam  Rifles  Multi-purpose  Co- operative Society, and its Vice-Chairman a retired  Military Officer,  filed  a writ petition in this Court  praying  for directions  to the respondents for implementing the  scheme, approved  by the Government of India, for  settling  retired Defence  Personnel,  specially of the Assam Rifles,  in  the North Eastern Region. The petitioner asserted that in pursu- ance  of this scheme, which assured the allotment  of  land, grant of title-deeds in respect of the allotted land, facil- ities  for movement by air, freedom to develop the  allotted area, grant of advance by way of loans etc. and also  provi- sion of basic requirements of life for encouraging all-round economic development of the area, about 200 retired  person- nel with their families journeyed to the region and  settled there.     The  respondents, in their counter affidavits  contended that funds had been set apart and basic facilities provided.     This  Court, by its Order dated February 20,  1987,  di- rected  the Central Government to nominate a  competent  au- thority  for  examining the problem, and  looking  into  the scheme and submitting a report to the Central Government  to enable it to consider the same and take necessary steps  for redressal  of the petitioners’ grievances. Accordingly,  the Director General of Assam Rifles submitted to the Government his report, making a number of recommendations in support of the  scheme  to  settle Assam Rifles  Ex-servicemen  and  to ensure that the various facilities and concessions original- ly  promised to them were provided. The  Central  Government considered the recommendations at an inter Ministerial meet- ing  and took certain decisions and placed them  before  the Court. After considering the report and decisions of the Government 854 thereon and submissions made by the parties, this Court,      HELD:  The region constitutes part of Indian  territory

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and is located on the Indian border with China and Burma. It is in the public interest and for the benefit of the  public that  settlement of Indian citizens should be encouraged  in this area and the area should be suitably developed.  [856A- B]      More than sufficient time has passed and it is  desira- ble  to  ascertain what action has been taken by  the  State Government  pursuant to the requests made to it by the  Cen- tral  Government to provide some of the facilities  required by the settlers, and it is considered necessary to make  the following supplementary directions: [857C-D]      The  Central  Government and  State  Government  should decide  between them as to which of them will give loans  to the settlers and to what extent. [857D]      The Central Government should direct that the  existing post  office  establishment  should be  enlarged  to  handle disbursement of pensions. [857E]      The State Government should upgrade the existing middle school to the status of High School and make adequate provi- sion for additional seats in the students’ hostel to  absorb the increasing number of seats resulting from such  upgrada- tion  and the grant of domicile certificates in relation  to settlers, atleast in respect of members of petitioner socie- ty should be considered. [857E-F]           Respondents No. 1 and 2 will file before the  next date  of hearing, affidavits indicating the action taken  by them pursuant to the decisions taken at the inter-Ministeri- al  meeting  and  pursuant to the directions  made  by  this Court. [857G]

JUDGMENT: ORIGINAL JURISDICTION: Writ Petition (Civil) No. 8227 of 1982. Under Article 32 of the Constitution of India.      Dr. Abishek Singhvi, A. Subba Rao and A.S. Gauraya  for the Petitioners. Girish Chandra and S. Suri for the Respondents. 855 The Judgment of the Court was delivered by     PATHAK,  CJ. This petition under Article 32 of the  Con- stitution  has  been  filed by two  petitioners,  the  Assam Rifles Multi-purpose Co-operative Society Limited and  Major General A.S. Guraya, AVSM (Retd.), Vice-Chairman of the said Co-operative Society. It is stated in this petition that  on the  north-eastern  extremity of  India,  between  latitudes 27deg.N. and 28deg.N. and on both sides of longitude  97xE., within  the former Tirup District in the NEFA area  (now  in Arunachal  Pradesh)  lies substantial territory which  is  a part  of India. It is claimed that Major General  Guraya  as Inspector  General  Assam Rifles prepared  a  programme  for settling  retired defence personnel, specially of the  Assam Rifles, in that region and took preparator steps for effect- ing  such settlement. It is asserted that about two  hundred retired  personnel  with  their families  journeyed  to  the region  and settled there on the basis of a scheme  approved by  the Government of India. It is alleged that  the  scheme assured  allotment of land, grant of title deeds in  respect of the allotted land, facilities for movement by air to  and from Mohanbari, freedom to develop the allotted areas, grant of  advance by way of loans, provision of marketing  facili- ties  for disposal of surplus produce, guaranteed supply  of essential  commodities and provision of the  basic  require- ments  of life for the purpose of encouraging the  all-round

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economic  development of the area. The Co-operative  Society was formed with the object of ameliorating the conditions of the  settlers  and  for improving their  economic  lot.  The petitioners relied on correspondence exchanged between  them and  the  authorities  of the State Government  and  of  the Central Government and prayed for directions from this Court to the respondents for grant of the reliefs indicated in the writ petition.     Counter Affidavits have been filed by the Government  of India. Most of the allegations made by the petitioners  have been  denied. It is asserted that funds have been set  apart and basic facilities have been provided. It is alleged  that land  was  not allotted to Major Gen. Guraya as he  did  not belong to the Assam Rifles and the scheme for rehabilitation of retired personnel from that unit did not cover him. It is alleged that he has engineered this writ petition.     We  may  mention at the very outset that  Major  General Guraya,  who appears in person before us, has  categorically stated  that he is not interested any more in  any  personal allotment. The case was taken up by us on 20 February, 1987 and after 856 hearing  the parties we were satisfied that  settlement  and habitation  in that region should be encouraged. The  region constitutes  part of Indian territory and is located on  the Indian  border  with China and Burma. It is  in  the  public interest  and for the benefit of the public that  settlement of Indian citizens should be encouraged in this area and the area  should  be  suitably developed. In that  view,  on  20 February,  1987 we made an order directing the Central  Gov- ernment to nominate a competent authority of suitable status to  examine  the problem and to look into  the  scheme  and, after  hearing  the petitioners, to report  to  the  Central Government  to  enable it to make an appropriate  order  for redress  of the grievances of the petitioners.  Pursuant - to  the order of this Court, a report was submitted  by  the present Director General, Assam Rifles in which he noted the features  of  the  original scheme set-forth  in  NEFA  Adm. letter  No. PC 42/63 of 16/17 August, 1963 and the  approval with modifications of the Government of India in the  Minis- try  of  External  Affairs thereto, as well  as  the  points raised  by the Assam Rifles Ex-servicemen before this  Court and before the Director General, Assam Rifles when he visit- ed  Vijayanagar for the purpose, and in that report, he  has made a number of recommendations in support of the scheme to settle  Assam  Rifles Ex-servicemen and to ensure  that  the various  facilities and concessions originally  promised  to them are provided. We had directed in our order of 20 Febru- ary, 1987 that the final order should be made by the Govern- ment  of India after consideration of the report.  It  seems that  the  Government considered the recommendations  at  an inter-Ministerial  meeting  held in the Home Ministry  on  6 July,  1987  and thereafter took the decision  contained  in Annexure  III to the affidavit of Shri R.K.  Tandon,  Deputy Secretary  (NE),  Ministry of Home Affairs,  New  Delhi.  It appears  that  the  Government has decided  that  the  Assam Rifles  Ex-servicemen who have been allotted 10-11 acres  of prime  land per family in a valley should be  provided  with agricultural  input facilities including  animal  husbandry, fertilizers,  insecticides as well as horticultural  support under  the normal schemes run by the State Government,  that the  State Government should be requested to issue  specific letters  in  respect of each family to enable it  to  obtain loans  from  banks and other  financial  institutions,  that while free air-lifts were not possible, the State Government

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should  be asked to find out whether the subsidised rate  of Rs.89 per flight per head could be further reduced and  that in any event no charges be levied for abortive flights, that while  a full time doctor is already posted  in  Vijaynagar, the State Government should be requested to post a  mid-wife to  the Vijayanagar hospital and to arrange  for  periodical visits  of a Gynaecologist, that the State PWD be  requested to undertake the repair of the suspension bridges forthwith, 857 that the Multi-purpose Co-operative Society should apply to the State Government for recognition, and that a meeting  be called  to  sort out the difficulties in  the  disbursal  of pension  by the Department of Posts and that on issues  such as  grant of citizenship, loans etc. the position  indicated in  the minutes of the inter-Ministerial meeting held  on  6 July, 1987 should be maintained.     The report of the present Director General Assam  Rifles and the decisions taken by the Central Government  thereupon have  been considered by us in the light of the  submissions made by the parties. The decisions of the Central Government placed  before us refer to requests to be made to the  State Government to provide some of the facilities required by the settlers.  Reference has already been made to those  matters earlier.  More  than sufficient time has passed, and  it  is desirable  to  ascertain what action has been taken  by  the State  Government pursuant to those requests of the  Central Government.  Certain supplementary directions are  necessary from this Court, and we make them now:     1.  The  Central  Government and  the  State  Government should  decide  between them as to which of them  will  give loans to the settlers and to what extent.     2. The Central Government should direct that the  exist- ing  Post  Office establishment be enlarged to  handle  dis- bursement of pensions.     3.  The  State Government should  upgrade  the  existing middle  school to the status of a high school and make  ade- quate  provision for additional seats in the student  hostel to  absorb the corresponding increase in the number of  stu- dents resulting from such upgradation.     4. The grant of domicile certificates should be  consid- ered in relation to the settlers, at least in respect of the members of the petitioner society.     The  case  will now be listed on 1 August,  1989  before which date the respondent No. 1, the Union of India, and the respondent No. 2, the State of Arunachal Pradesh, will  file affidavits indicating the action adopted by them pursuant to the  decisions taken at the inter Ministerial  meeting  men- tioned  earlier and pursuant to the directions made by  this Court in this Order. N.P.V. 858