1. This writ petition has been filed apprehending eviction from the land under occupation of the petitioner. According to the petitioner, he is in occupation of the land measuring 4 Katha 17 Lechas under Dag No. 33 (Old)/911 (new) of Patta No.1 of Basistha grant, possessory right of which was purchased in the year 1976. The petitioner has constructed his residential house with electricity connection etc. According to the petitioner he is also an assessee of the Guwahati Municipal Corporation. It is the further case of the petitioner that though the land belongs to the Govt, but having regard to the fact that he is in long possession of the land, it should be settled with him. According to the petitioner, many such occupiers and possessors have been settled with the land under their possession.

2. The writ petition was filed being apprehensive of eviction from the land. In the counter affidavits filed by the respondents, they have justified their action towards evicting the petitioner. In the counter affidavit filed by the respondent No. 8 i.e. the Chief Engineer, Water Resources Department, it has been stated thus :-

“8. That with regard to paragraph 8 and 9 of the writ petition your deponent begs to submit that river Bahini which flows through the city Guwahati originates from Umtyanga in the hills of Meghalaya and used to flow through Basistha area, Guwahati, Assam. In the Basistha area it crosses the connecting road of Natun Bazar and Bakrapara Manasha Mandir, Bakrapara Tiniali and then the National Highway 37 in between Basistha Chariali and Khanapara and then through Rukminigaon, Hengrabari area and ultimately joins with river Bharalu near Assam State Zoo (Jonali Point). Prior to 1983, the river often carried huge discharge beyond its carrying capacity due to heavy rainfall in the catchment area in the hills of Meghalaya. A major portion of Guwahati city including the State Capital at Dispur got submerged due to the heavy discharge of river Bahini. Considering the facts the Flood Control Department presently known as Water Resources Department through its Guwahati East W.R. Division excavated a pilot channel in the year 1983 near Natun Bazar area and thereby diverted a major portion of river Bahini to river Basistha with the help of a sluice gate near Natun Bazar. Subsequently, in the course of time people started encroachment on the old Bahini channel in between Natun Bazar and Bakrapara Tiniali for a length of 321m and the portion of the Bahini river got dried up and the entire course stated to flow through the excavated pilot channel to river Basistha.

It may be stated here that the then Additional Chief Secretary to the Govt. of Assam and the Present Chief Secretary to the Govt. of Assam along with the Secretary to the Govt. of Assam, Water Resources Department made a field visit to the area during December 2013 and after a thorough study they recommended for revival of the dead course of river Bahini in between Natun Bazar and Bakrapara area. Dr. Arup Kumar Sharma, Professor of IIT, Guwahati also madea field study of the area during that period and he too suggested for revival of the original course of river Bahini.

It may be specifically stated here that revival of the original course of river Bahini is highly essential for flood free Guwahati. Free flow of river Bahini will also keep the existing course of river bahini presently flowing through the city of Guwahati free from pollution and it will be beneficial for the public health. The work is required for the greater interest of the public of Guwahati and in no way it will jeopardize the Public Interest.

It may further be stated here that the excess discharge of Bahini shall again be diverted to river Basistha through the pilot channel excavated in the year 1983 by sluice mechanism near Natun Bazar.”

3. The respondent No. 6 i.e. the Circle Officer, Dispute Revenue Circle has also filed counter affidavit in which it has been stated that the petitioner i