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i) 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. 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 (comprising of about 3100 families of refugees) at the cost of more than Rs. 2 crores. The appellants along with 56 families were allotted lands in the villages of Gautampur and Maitripur. There were already a good number of Chakma refugee families who were allotted lands and were living there peacefully. 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. mile of his private land and got the same from the said Singpho through an unregistered deed dated 20th November, 1972. The State would contend that the said transfer is illegal because as per section 7 of the BEFR, 1873 (Regulation 5 of 1873) no person, who is not 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. On the contrary, 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 State received complaints that Chakma people were indulging in illegal activities such as commission of offences under various lands, collection of arms and anununitions, establishing conteracts with the Extremist groups, encroachment of adjoining areas. The State, therefore, found it necessary to shift them to a site where other Chakma families were already residing. It was in these circumstances, by order dated 15.2.84, the State directed the appellant and the other Chakmas to shift. The said order is to the following effect:

Lastly, the High Court, on humanitarian grounds, directed the State Government to give adequate compensation in the event of these chakmas being evicted from the place. The State of Arunachal Pradesh has preferred S.L.P. (C) No. 12429 of 1992 while Khudiram Chakma has filed S.L.P. (C) No. 13767 of 1992.

Mr. Govind Mukhoty, learned counsel for the appellant urges that in 1947 the appellants were Indian citizens. Because of the partition of the country they went over to the then East Pakistan, presently Bangladesh. But when they returned in 1964 to the erstwhile Assam State they stayed there for some time and shifted to Arunachal Pradesh. To deprive them of the citizenship would be violative of Article 14 of the Constitution of India. By mere accident of their going over to Arunachal Pradesh, they cannot lose their citizenship. The learned counsel referred us to the various provisions of the Citizenship Act, 1955. He urges that there is evidence, in this case, of donation of lands in favour of these appellants by Raja Nirunong Singpho of Dumba. That was approved by the Deputy Commissioner as seen from memorandum dated 26th of April, 1976. The appellant was appointed Gaon-Bura of Joypur village. In proof of that Sanad was issued by the Deputy Commissioner. Again, the Executive Magistrate had directed the Raja to turn out the extra families occupying lands at Joypur in the area allotted to the appellants and other Chakmas. There is also evidence on record to show that chakmas have been paying taxes including house tax. When that be the position, there is no justification at all calling upon the appellants and the other 56 families to shift.

i) 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.

This is the history of Arunachal Pradesh, a rich land and poor people. It was in the year 1964 thousands of chakma families migrated from the then East Pakistan to India. The appellant along with other 56 families also migrated to India. Being refugees they were given shelter in government camps at Ledo within the district of Dibrugarh, Assam. Later on they were shifted to the camp at Miao subdivision in Tirap District, now within the State of Arunachal Pradesh which was then known as North East Frontier Agency (NEFA). In the years 1966-68 the then Government drew up the Chakma resettlement schemes. Altogether 5 schemes were sancitioned for settlement of 3100 families at a cost of more than rupees two crores. The appellants were allotted lands in the villages of Gautampur and Maitripur. The other Chakmas were also staying there. As stated earlier, on 2 1st January, 1972 NEFA was given the status of Union Territory and was renamed as Arunachal Pradesh. The appellants strayed away from the original settlement area allotted to them by the Government under the schemes. They got donation from the local Raja namely Ningrunong Singpho of Dumba, an area of 1 sq. mile at Joypur village which is inside the Inner Line. Earlier we were referred to Bengal Eastern Frontier Regulation 1873. Clause 2 of the said Regulation states thus: