ASSAM RIFLES MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD & ANOTHER versus UNION OF INDIA & ANOTHER

Citation: [1989] 2 S.C.R. 853 · Decided: 01-05-1989 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Directions issued

Judgment (excerpt)

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.] 
c 
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 
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. [857D I 
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 
G 
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 8227 of 
1982. 
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. 
•• 
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,ASSAM RIFLES SOCIETY v. U.0.1. [PATHAK, CJ.] 
855' 
The Judgment of the Court was delivered by 
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, 
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 
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 
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 
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. 
A 
B 
c 
D 
E 
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 categ

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