This writ petition has been preferred by the writ petitioners for a direction to the respondents not to evict him in pursuance of the circular dated 5.1.96. 2. Petitioners claim to be the owners of Nirle area of Pareng Village in the district of East Siang owning and possessing the said land though their forefathers and have been possessing the said land in their individual capacity. That the said land of Nirle area is irrigated land and the family members of the petitioners are dependent on the said land for their livelihood. Further claim of the petitioners is that the land of Nirle area entirely individually owned land and do not belong to village community and they have their separate community land at Tangkor Area, Girjan Area, Singgeng Area. They claim their uninterrupted individual possession and ownership over the said land in question; that due to the impugned notice petitioners apprehend eviction without compensation. Hence invokes Court's writ jurisdiction for a direction. 3. Petitioner deprecated the stand and conduct of the concerned Government respondent who, it is alleged, have been attempting to take away the land in question since 1986. In the year 1986, the Extra Assistant Commissioner of Boleng verbally requested the petitioners to donate their aforesaid land in favour of the Government for establishment of Circle Officer Post and Middle School and as the petitioners objected the proposal was not proceeded with. But again vide letter dated 30th October, 1991 (Annexure A to the writ petition) the respondent Government rendered the proposal for acquiring the land in question claiming the said land as Jhum land and requiring for public purpose under the provisions of section 10 of the Frontier Tract Jhum Regulations, 1947 (Rgulation III, IV and V of 1947) (in short Regulation 1947). Further by this letter petitioners were asked to arrange a meeting on 31.10.91 to discuss about the acquisition of land. 4. Mr. Further by this letter petitioners were asked to arrange a meeting on 31.10.91 to discuss about the acquisition of land. 4. Mr. C. Baruah, learned counsel for the petitioners submitted that, the provisions of the Regulation, 1947 are not applicable in the case of the petitioners as the land in question is individual privately owned land and the Regulation, 1947 is not applicable in the East Siang District which is a part of erstwhile Siang Frontier Division (Abar Hills District) and not a Balipara or Tirap or Sadiya Frontier Tract; that the land in question has been used by the petitioner for permanent cultivation, unlike Jhum cultivation land, by means of irrigation. Further Mr. Baruah submitted that the Regulation, namely, the Balipara/Tirap/ Sadiya Frontier Tract Jhum land Regulation, 1947, is in force to safeguard and regulate the rights of the Tribes indigenous to the Balipara, Tirap, Sadia Frontier Tract to Jhum Land in the said Tract. The rights over the land is regarded as customary right of the community to cultivate by means of shifting cultivation or to utilise by clearing jungle or grazzing live stock, but does not include any land which has been under process of being terraced for the purpose of permanent or semi permanent cultivation with or without irrigation; that the Jhum land can be acquired by the Government for public purpose after following proper procedure and by paying compensation. 5. The Circle Officer, Boleng Sub Division filed affidavit-in-opposition on behalf of the respondents. The averments made therein are that as the writ petitioners failed to establish that the land in question has been acquired in terms of section 4 (1) of the Regulation, 1947, they cannot claim individual right over the same and that the land is proposed to be acquired for public purpose which has been endorsed by Kebang of the concerned villages. Further, it is averred, the land is required for public purpose and as the public interest is involved, the claim of the individual petitioners are not sustainable. 6. The question for decision is that whether the land in question is a community land and, whether the petitioners have any individual right over the land in question. 7. Before ascertaining the right of petitioner over the land as they claim, aspect of the nature of Jhum land is to be examined. 8. 6. The question for decision is that whether the land in question is a community land and, whether the petitioners have any individual right over the land in question. 7. Before ascertaining the right of petitioner over the land as they claim, aspect of the nature of Jhum land is to be examined. 8. Clause 2 (b) of the Regulations defines Jhum land as follows : " 2. (b) 'Jhum Lands' means and includes all lands which any member or members of a village or community have customary rights to cultivate by means of shifting cultivation or to utilise by clearing jungle or grazing livestock provided that such village or community is in a permanent location but does not include; (1) any land which has been or is under process of being terraced for the purpose of permanent or semi permanent cultivation whether by means or irrigation or not. (ii) any land attached or appurtenant to a dwelling house and used for the purposes of permanent cultivation, or (iii) any land which in the opinion of the (Deputy Commissioner) is subject to permanent cultivation. Explanation : (1) Any land which is otherwise Jhum land according to the above definition shall be deemed to be so notwithstanding the fact that a part of the whole thereof may have been planted with fruit trees, bamboos, or tung or reserved for growing firewood. (2) Any village or community shall be held to be in permanent location of it always remains within a specific area, although part or the whole of such village or community may migrate from time to time to different localities within that area." Clause 4 of the Regulation deals with the accrual of customary rights over the Jhum land which is quoted below : "4. (1) A customary right to Jhum land shall be deemed to be established in favour of village or a community when such village or community has enjoyed the right to cultivate or utilise such Jhum land for not less that 5 years prior to the making of this Regulation. (1) A customary right to Jhum land shall be deemed to be established in favour of village or a community when such village or community has enjoyed the right to cultivate or utilise such Jhum land for not less that 5 years prior to the making of this Regulation. (2) A customary right to Jhum land shall be deemed to be established in favour of an individual cultivator : (a) if he inherited the land in accordance with a local custom; (b) if he purchased the land prior to the making of this Regulation and such purchase was not contrary to local custom, or (c) if he has purchased the land at any date subsequent to making of this Regulation, provided such purchase was not contrary to any local custom or any provisions of this Regulation, or (d) if, being a resident of permanent village, he has brought the land under cultivation, and the land has not been cultivated at any time within 30 years preceding his bringing the same into cultivation : Provided that such land is within cultivable reach of his own village." 9. Clause 10 of the Regulation provides for acquisition of any Jhum land for public purpose which is quoted below : "10. The Government may acquire any Jhum land required for a public purpose. No formal acquisition proceedings shall be necessary but an opportunity shall be given to those having rights in the land to show cause against such acquisitions and reasonable compensation shall be paid for all land required under this section. Land so acquired shall, if relinquished by the Government at any time, be returned to the village, community or individual from whom it was acquired on refund, if any of such compensation to the Government as the latter may decide." 10. These writ petitioners are 5 in number who claims this petition as common cause petition. They claim, as discussed above, the land in question as their individual land owning the same through their forefathers and does not belong to village community. Section 4 (2) (a) of the Regulation, 1947 provides that customary right over Jhum land can be established to an individual cultivator with certain restriction as provided in the clause 4 (2). In support of their individual claim the writ petitioners annexed the letter/notice dated 30.10.91 (Annexure A to the writ petition). Section 4 (2) (a) of the Regulation, 1947 provides that customary right over Jhum land can be established to an individual cultivator with certain restriction as provided in the clause 4 (2). In support of their individual claim the writ petitioners annexed the letter/notice dated 30.10.91 (Annexure A to the writ petition). This letter indicated that the Government was initiating proposal to acquire Nirle Jhum land owned by the villagers of the petitioners for public purpose under section 10 of the Regulation, 1947 and the petitioners were directed to arrange meeting on 31.10.91 for the purpose. Earlier, sometimes in 1986 verbal proposal was also offered by the Government and the same was objected by the petitioners. From this notice it is seen that the land was Jhumlanu and we have not seen anything on record that this land in question was not Jhum land. 11. It is seen that the respondent No.2 Sub Divisional Officers, Boleng Sub Division has started action to acquire the land in question from 1995 and accordingly order was issued on 3rd May, 1995 (Annexure B to the writ petition) informing the Village Headgams and public leaders holding 'Kebang' on 15.5.95 at Pareng Dormitary Hall. On 5.5.95 the writ petitioner submitted an objection/ petition (Annexure C to the writ petition) praying for cancellation of the proposal of acquisition of the land in question and similar objection petition dated 17.5.95 (Annexure D to the writ petition) was filed before the Sub Divisional Officer, East Siang District, Boleng. The respondent No.2 issued notice dated 17.5.95 (Annexure E to the writ petition) inviting the writ petitioners for a hearing on their objection to be held on 19.5.95. In the meeting petitioner refused to the proposal of the respondent No.2 to donate the land in question. By issuing the circular dated 5.1.96 (Annexure P to the writ petition) respondent directed the villagers of the 4 villages including the petitioners' village to join mass jungle clearance at the 'proposed Nirle Town and direction was given to the Gaonburas, Panchayat Members of the 'Dogong-Bunggo' to mobilise the villages for mass clearance on 14.1.96 accordingly. Further by this circular, the entire officers of the Boleng Sub Division were asked to visit the proposed site on that day and to hold a public meeting on the spot. 12. Further by this circular, the entire officers of the Boleng Sub Division were asked to visit the proposed site on that day and to hold a public meeting on the spot. 12. In my above discussion, I hold that the land in question is a Jhum land and the petitioners possession or right, if any, might have been accrued by application of provisions under section 4 (2) (a). Admittedly the proposal for the acquisition of the land in question have been under consideration since 1986 and the same has been objected by the petitioners and representations have also been made before concerned respondents time to time. It is seen that no appropriate hearing and any opportunity was given to the petitioners to meet their objection by any regular proceeding to satisfy the petitioners feeling and anxiety who claimed their possession over the land by inhueritence through their forefather and depending on the cultivation of the said land for their livelihood. Averments made in the affidavit-in-opposition by the respondents, supporting their action denying petitioners claim is not acceptable as, no attempt has been made on the part of the respondent administration to make a full fledged enquiry to the satisfaction of the poor tribal petitioners. The letter dated 17.5.95 (Annexure E to the writ petition) written by the respondent No.2 to the petitioners cannot fulfil the requirement of proceeding for a hearing as apparently in the meeting dated 19.5.95 only petitioners were persuaded to donate the land and no finding regarding the outcome of the meeting has been come forward. In support of any enquiry, I do not find any such document in the record. 13. Apparently, land in question has been proposed to be acquired for public purpose and public interest is also involved in the development of the area. Respondents Government claim, the land as Jhum land which can be acquired under the provisions of section 10 of the Regulation 1947. Being a member of the village, the petitioners have customary right over the Jhum and to cultivate. Explanation in section 2 (b) indicates that the nature of the Jhum land will not be deviated even a part or the whole thereof may have been planted with fruit trees etc. Being a member of the village, the petitioners have customary right over the Jhum and to cultivate. Explanation in section 2 (b) indicates that the nature of the Jhum land will not be deviated even a part or the whole thereof may have been planted with fruit trees etc. From examining the provisions of section 2 (b) (i), in my view, when a portion of Jhum land excluded from the purview of the Jhum land under clause (j) of the sub-clause (b) of section 2, the authority concerned is required to declare that the portion of the Jhum land does not include as such by application of clause (i). In view of the above reason, I hold that there is no such proceeding as such to this effect. 14. Provisions under section 10 of the Regulation provides that the Government can acquire any Jhum land require for public purpose for which no formal acquisition proceedings are necessary. But section 10 provides for an opportunity to be given to those having or calcimining right to show cause against such acquisition and this section also provides for compensation in an appropriate case where claim of right is proved. 15. Mr. RP Sharma, learned Government Advocate strenuously attempted to establish that the entire lands of the 10 villages in meeting held for this purpose unanimously supported the acquisition of the land in question and agreed to donate the community land for the purpose. But in spite of this the fact remains that the writ petitioners claimed their individual rights over the portion of land in question, the right accruing from the time of their forefathers and they claimed their right independent of the community's customary right. In that view of the matter an enquiry under section 10 of the Regulation is necessary before proceeding to acquire the land with the consent of the larger portion of the communities of the 10 village through their Kebang. 16. In the reasons given above I hold that, no proper opportunity of hearing to the writ petitioners were given by the respondent No.2 to enquire upon the matter when the writ petitioners have a specific claim over the land in question by right of inheritence over the land under the provisions of section 2 (b) (i) of the Regulation 1947. 17. 17. The writ petitioners are directed to file a representation before the concerned respondent authority in support of its claim over the land in question within four weeks of receipt of this order and the respondent authority shall dispose of the representation by a proper proceeding giving all opportunities of hearing to the writ petitioners within two week by a speaking order. 18. Considering the facts and circumstances of the case, the parties shall bear their own costs. 19. The writ petition is allowed.