JUDGMENT :

A.M. Bujor Barua, J.

Heard Mr. T.J. Mahanta, learned Senior Counsel, for the petitioner. Also heard Mr. R.K. Bora, learned Sr. Govt. Advocate, representing the State of Assam, the Dy. Commissioner, Kamrup (M) District and the respective Circle officers in the Kamrup (M) District, Ms. N. Bordoloi, learned counsel for the Revenue and Disaster Management Department, Govt. of Assam, Mr. M.A. Sheikh, learned counsel for the respondent Nos.5—90, Mr. P. Deka, learned counsel for the respondent No.91 and Mr. K.N. Choudhury, learned Senior Counsel, being assisted by Mr. T. Deuri, learned counsel for the respondents Nos.92—246 & 247 —281.

2. PIL (Suo Moto) No.10/2018 was instituted on the basis of a news item in the English Newspaper ‘The Assam Tribune’ dated 09.10.2018 under the headline “As admin turns a blind eye, land grabbers flourish in the City”.

3. On 17.12.2018, the learned Addl. Senior Govt. Advocate, Assam entered appearance for the State respondents. The proceedings ultimately resulted in the order dated 31.03.2021, which is extracted as below :

“Heard Mr. T.J. Mahanta, learned senior standing counsel, Gauhati High Court. Also heard Mr. D. Saikia, learned senior standing counsel, Government of Assam.

An important aspect has been brought to the knowledge of this Court by means of this public interest litigation, which is that a vast area of land in Kamrup (Metro) District is under encroachment.

A report was called for and today a detailed report has been filed, which shows that the land which is under encroachment was allotted to different Government authorities of the State Government, which is under Encroachment and a breakup of which has been given along with the affidavit dated 19.03.2021of the Chief Secretary to the Government of Assam.

Broadly, the affidavit indicates that out of 2652 Bighas 2 Kathas 17Lechas of land, which was allotted to different Government Departments, 268 Bighas 2 Kathas 5 Lechas was under encroachment. Out of this 268 Bighas, the Government has been able to regain 33 Bighas 2 Kathas 13 Lechas of land but broadly 235 Bighas of land still remains under encroachment.

Mr. D. Saikia, learned senior counsel, who represents the State in this matter, has given a statement before this Court that the Government will work out a scheme. In appropriate cases, complaint will be filed before the appropriate authorities under the Assam Land Grabbing (Prohibition) Act, 2010. Efforts will also be made to work out a concrete scheme for removal of the encroachers or settlement, if permissible in law, shall also be explored. The scheme and the measures taken by the State Government in this regard shall be placed before this Court by an affidavit within a period of eight weeks from today.

List this case on 28th May, 2021”

4. A reading of the order dated 31.03.2021 makes it discernable that in respect of the issue of land encroachment involved in the PIL, a report was called for from the State respondents, which provided the breakup of the land under different Government authorities which were under encroachment. The report was enclosed by an affidavit dated 19.03.2021 of the Chief Secretary to the Govt. of Assam. When the matter was taken up on 31.03.2021, the learned Advocate General for the State had made a statement before the Court that the Government will work out a scheme and in appropriate cases, complaints would be lodged before the authorities under the Assam Land Grabbing (Prohibition) Act, 2010 (in short ‘Act of 2010’).

5. It was further stated by the learned Advocate General that efforts would be made to work out a concrete scheme for removal of the encroachers or settlement, if permissible in law, which shall be explored. Accordingly the State respondents were required to place before the Court the scheme and measures that may have been taken by means of an affidavit. In response, the affidavit dated