Regulation 165 of the Assam Land and Revenue Regulation, 1886, provides for the eviction of persons occupying land in violation of the regulation, emphasizing the need for proper notice to the parties before eviction.

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. S.K. Deori, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned standing counsel, Revenue & Disaster Management Department, appearing for the respondent Nos.2 to 5 and Mr. B.D. Goswami, learned senior counsel, appearing for the respondent Nos.6 & 7.

2. Under the Assam Land and Revenue Regulation, 1886 (from hereinafter referred to as the "Regulation"), certain special rights and privileges have been provided to certain backward classes (in Chapter X, which is titled as "Protection of Backward Classes"). Regulation 160 of the Regulation reads as under:-

"160. Protection of certain classes.- (1) Notwithstanding anything hereinbefore contained, the State Government may adopt such measures as it deems fit for the protection of those classes who on account of their primitive condition and lack of education or material advantages are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance.

(2) The State Government may, by notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as aforesaid."

3. Under Regulation 161 of the Regulation, one of the protected measures which the Government can do, is to declare an area as a compact area, which is inhabited by a particular class or classes of people and to that effect a notification shall be made by Government under Sub-regulation (2) of Regulation 160. Regulation 161 reads as under:-

"161. Constitution of compact areas.- The protective measures may include the constitution of compact areas, in regions predominantly peopled by the classes of people notified under the provisions of sub-section (2) of Section 160, into belts or blocks. The boundaries of the areas so constituted shall as far as possible coincide with mauza boundaries or be otherwise easily distinguishable."

4. Chapter X of the Regulation, which is for protection of backward classes, can be extended by a notification by the State Government to other areas as well. Regulation 162 reads as under:-

"162. Extension of Chapter X to such areas.- (1) The State Government may, by notification in the Official Gazette, direct that the provisions of this Chapter shall apply to the areas, or any of the areas, constituted into belts or blocks under the provisions of Section 161. On such application, the disposal of land by lease for ordinary cultivation, the nature and extent for rights conveyed by annual or periodic leases, the termination or forfeiture of such rights, the ejectment of persons in occupation who have no valid right in the land, the management or letting out in farm of land in certain circumstances by the Deputy Commissioner, and other allied or connected matters shall so far as possible, be governed by the provisions of this chapter and the rules made thereunder.

(2) Notwithstanding anything to the contrary in any laws, usage, contract or agreement, no person shall acquire or posses by transfer, exchange, lease, agreement or settlement any land in any area or areas constituted into belts or blocks in contravention of the provisions of Sub-section (1):

Provided that nothing contained in this chapter or in the rules made thereunder, shall effect any transfer by way of a mortgage in favour of any nationalised bank, a Co-operative Society registered under the Assam Cooperative Society Act, 1949 (Assam Act I of 1950), or such other financing institution as may be approved by the State Government).

(3) From and after the commencement of the Assam Land Revenue and Regulation (Amendment) Act, 1964, no document evidencing any transaction for acquisition or possession of any land by way of transfer, exchange, lease agreement or settlement shall be registered under the Indian Registration Act, 1908, if it appears to the registering authority that the transaction has been effected in contravention of the provisions of sub-section (2).

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