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MANISH CHOUDHURY
Zubbar Ali, S/o. Ibrahim Ali – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Revenue Settlement Deptt – Respondent
JUDGMENT :
In the writ petition, W.P.[C] no. 6230/2017, 68 nos. of petitioners have joined together to institute the writ petition under Article 226 of the Constitution of India. The petitioners, 7 in nos., have instituted the other writ petition, W.P.[C] no. 4637/2021. The petitioners in both the writ petitions have claimed that they have espoused a common cause of action. In both the writ petitions, the common relief the petitioners have sought for is a direction to the respondent authorities not to evict the petitioners from the lands located at Village - Bhatipara, Boitamari Revenue Circle, District – Bongaigaon by the side of the River Brahmaputra which they have claimed to be in possession. Claiming that they are flood affected people the petitioners have also sought for a direction for settlement of those plots of land in their favour as per the Land Policy of the State Government and/or under the provisions of Assam Land and Revenue Regulation, 1886 and the settlement Rules framed thereunder.
2. I have heard Ms. R. Choudhury, learned counsel for the petitioners in both the writ petitions; Mr. R. Borpujari, learned Standing Counsel, Revenue Department for the respondent nos. 1
The main legal point established in the judgment is that the petitioners did not have the right to be settled on the Ceiling Surplus land as they did not fulfill the conditions of landless cultivator....
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
An application for government land settlement confers no vested right. Administrative authorities may consider subsequent material facts, such as the acquisition of private land, to determine eligibi....
Eviction notices under Rule 18 of the Assam Land and Revenue Regulations must afford petitioners an opportunity to demonstrate bona fide claims of right, adhering to principles of natural justice.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
The court established that eviction from khas land does not require prior notice under Rule 18(2) of the Assam Land and Revenue Regulation, 1886, and emphasized the primacy of public interest in evic....
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
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