Holding

The Court held that the settlement scheme is in the public interest and directed the Central and State Governments to take specific actions to implement the promised facilities for the settlers.

Summary

The petitioners, the Assam Rifles Multi-purpose Co-operative Society Limited and Major General A.S. Guraya, filed a writ under Article 32 seeking enforcement of a government scheme to settle retired Assam Rifles personnel in the NEFA (now Arunachal Pradesh) border region, alleging that promised land, loans, and basic facilities had not been provided. The Union of India and the State of Arunachal Pradesh contended that funds had been set aside and some facilities were already available, denying the petitioners' claims of non‑performance. The Supreme Court, after examining a report by the Director General of Assam Rifles and the decisions of an inter‑Ministerial meeting, held that settlement of Indian citizens in the border area is a matter of public interest and that the government must fulfill its commitments. The Court issued supplementary directions directing the Central and State Governments to decide on loan provisions, enlarge the post office for pension disbursement, upgrade a middle school to a high school with additional hostel seats, and consider granting domicile certificates to settlers. The respondents were ordered to file affidavits on actions taken pursuant to these directions.

Issues considered

What obligations, if any, does the Central and State Government have to implement the settlement scheme promised to retired Assam Rifles personnel under Article 32?
Can the Supreme Court issue specific directions to the governments to ensure fulfillment of the scheme, including loans, pension disbursement, educational facilities, and domicile certificates?
Does the petition fall within the jurisdiction of Article 32 of the Constitution of India?

Legislation cited

Constitution of Indias. Article 32

Subjects

settlement schemeborder area developmentNEFAArunachal PradeshAssam RiflesArticle 32public interestgovernment obligationscooperative societyland allotmentloanspensioneducation

Judgment

854 SUPREME COURT REPORTS [1989] 2 S.C.R.

A thereon and submissions made by the parties, this Court,

HELD: 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 citi-
zens should be encouraged in this area and the area should be suitably
B de~el(>ped. [8S6A-B.]

More than sufficient time has passed and it is desirable to ascer- 11
tain what action has been taken by the State Government pursuant to

c
the requests made to it by the Central 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. [857DI

D The Centrtal 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 -4-
to the status of High School and make adequate provision for additional
E seats in the students' hostel to absorb the increasing number of seats
resulting from such upgradation and the grant of domicile certificates
in relation to settlers, atleast in respect of members of petitioner society
should be considered. [857E-F]

Respondents No. 1 and 2 will file bdore the next date of hearing,
F affidavits indicating the action taken by them pursuant to the decisions
taken at the inter-Ministerial meeting and pursuant to the directions
made by this Court. [857G I
••
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 8227 of
1982.
G
Under Article 32 of the Constitution of India.

Dr. Abishek Singhvi, A. Sobba Rao and A.S. Gauraya for the
Petitioners.

H Girish Chandra and S. Suri for the Respondents.
,ASSAM RIFLES SOCIETY v. U.0.1. [PATHAK, CJ.] 855'

The Judgment of the Court was delivered by
A
PATHAK, CJ. This petition under Article 32 of the Constitution
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, B
f. between latitudes 27"N. and 28"N. and on both sides of longitude
97'E., 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 effecting such settlement. It is asserted that about two hundred c
retired personnel with their families journeyed to the region and set-
tled 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 D
of advance by way of loans, provision of marketing facilities for dis-
posal of surplus produce, guaranteed supply of essential commodities
and provision of the basic requirements of life for the purpose of
encouraging the all-round 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 economi_c Jot. The E
petitioners relied on correspondence exchanged between theln 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. F
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 rehabilita-
tion of retired personnel from that unit did not cover him. It is alleged
that he has engineered this writ petition. G

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 H
856 SUPREME COURT REPORTS (1989] 2 S.C.R.

hearing the parties we were satisfied that settlement and habitation in .A
A
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
B we made an order directing the Central Government 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 4
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
c 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 +
Ministry 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 vi~ted Vijayanagar for the purpose,
D 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 February, 1987
that the final order should be made by the Government of India after ._)_..
consideration of the report. It seems that the Government considered
E the recommendations at an inter-Ministerial meeting held in the Home
Ministery 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
F 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
G Government 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
H requested to undertake the repair of the suspension bridges forthwith,
ASSAM RIFLES SOCIETY v. U.0.1. [PATHAK, CJ.] 857
;I
A that the Multi-purpose Co-operative Society should apply to the State
Government for recognition, and that a meeting be called to sort out A
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.
B
--', The report of the present Director General Assam Rifles and the
•decisions taken by the Central Government thereupon have been con-
sidered 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 desir- c
t able to ascertain what action has been taken by the State Government
pursuant to those requests. of the Central Government. Certain sup-
plementary directions are pecessary from this Court, and we make
them now:
D
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 existing Post
Office establishment be enlarged to handle disbursement of pensions. E

3. The State Government should upgrade the existing middle
school to the status of a high school and make adequate provision for
additional seats in the student hostel to absorb the corresponding
}- increase in the number of students resulting from such upgradation.

.,., 4. The grant of domicile certificates should be considere\) ill
relation to the settlers, at least in respect of the members· of the
F

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, G
the State of Arunachal Pradesh, willfile affidavits indicating the action
adopted by them pursuant to. the decisions taken at the inter-
Ministerial meeting mentioned earlier and pursuant to the directions
made by this Court in this Order.

N.P.V.