Point of Law: It would appear that person who has title or ownership or physical possession over the land, cannot be termed as a land grabber.

JUDGMENT :

1. Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the Petitioner and Ms. S. Parveen, the learned counsel appearing on behalf of the Respondents.

2. This is an application filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 challenging the judgment and order dated 30.03.2021 passed by the learned Presiding Officer, Special Tribunal (Land Grabbing), Dhubri in T.S. (L/G) Case No.22/2015 whereby the application filed by the Respondents herein was allowed thereby declaring the right, title and interest over the disputed land and the Petitioner was held to be a land grabber and accordingly liable to be evicted.

3. The learned counsel for the Petitioner has submitted that the Court below completely erred in law in passing the impugned judgment and order taking into consideration that the Court below did not take into consideration the provisions of Section 2(d) of the Assam Land Grabbing (Prohibition) Act, 2010 wherein the term “Land Grabber” has been defined. It has also been submitted by the learned counsel for Petitioner that a perusal of the said Section would clearly go to show that the person who have title or ownership or physical possession over the land cannot be held to be a land grabber and therefore, the entire proceedings initiated by the Respondents herein is totally misconceived. The learned counsel for the Petitioner further submitted that the Court below having failed to take into account the said aspect of the matter that the impugned judgment and order dated 30.03.2021 passed in T.S. (L/G) Case No.22/2015 by the learned Presiding Officer, Special Tribunal (Land Grabbing), Dhubri is liable to be set aside and quashed.

4. On the other hand, the learned counsel appearing on behalf of the Respondents submitted that the Petitioner herein though appointed as a caretaker and on the basis of which the Petitioner was in possession of the suit property but his possession has become illegal and unauthorized and as such the Court below have rightly passed the impugned judgment and decree.

5. Upon hearing the learned counsel for both the parties and upon perusal of the materials on record, it is clearly apparent that it is the specific stand of the Respondents in the proceedings that pursuant to the execution of the Deed of Sale bearing Deed No.243 dated 11.02.2021, the possession of the land was handed over by the Petitioner by the Respondents therein and in that regard, the Land Holding Certificate was also issued in favour of the Respondents. It was the further case of the Respondents/Complainants that the Respondents engaged the Petitioner herein as a caretaker of the land but later on he grabbed the same.

6. In the backdrop of the case of the Respondents/Complainants herein, can it be said that the Petitioner herein is a land grabber? The answer of the same can be found upon a perusal of Section 2(d) of the Assam Land Grabbing (Prohibition) Act, 2010 which defines the term “Land Grabber”. The said Section 2(d) is quoted hereinbelow.

“ 2(d) “land grabber” means a person or a group of person who occupy or attempt to occupy with or without the use of force, threat, intimidation and deceit, land over which he or they have no ownership, title or physical possession and includes any person who gives financial aid to any person or group of persons for taking up illegal possession of land over which he or they have no ownership of tile and for construction of unauthorized structures thereon, or who abets the doing of any of the above mentioned acts, and also includes the successors-in-interests.”

7. This Section 2(d) has been come up for consideration before this Court in CRP Case No.74/2018 i.e. in the case of Anarul Hoque alias Anar Hussain Vs. Sadir Ali which was delivered on 27.01.2020 by a Coordinate Bench. Paragraph Nos. 18, 19 and 20 of the said judgment being relevant are quoted hereinbelow.

“18. As per Section 2 (d) of the Assam Land Grabbing (Prohibition) A