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2023 Supreme(Gau) 560
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
Abdur Rouf S/o Late Farid Ali – Petitioner
Versus
The State of Assam and Others – Respondents
W.P. (C) No. 4775 of 2022
Decided On : 09-05-2023
Advocate Appeared:
For the Petitioner: H.R.A. Choudhury.
Headnote:
Assam Forest Regulation 1891 - Sections 72(e), 74, 75, 29, 3(8), 6 (d), 11(2), 17, 18 - Forest Conservation Act, 1980 - Section 2 - Assam Land and Revenue Regulations 1886 - Section 40 - Forest Department - Evict from land - Possession of land - Direction to respondents in Forest Department of Government of Assam to take necessary steps to enter names of petitioners - Held, Procedure for evicting a person from any land over which no person has acquired a right of a proprietor, settlement holder or a land holder is provided under Rule 18 of Rules under Regulations of 1886 and procedure under Rule 18 is available only in respect of such lands covered by Regulations of 1886 - When land of petitioners is inside a reserved forest, any eviction that may be made by authorities would have to be under law of eviction applicable to a forest land and there can be no direction to restrain any eviction by relating claim to any entry to be made in a jamabandi - None of prayers of petitioners to enter their names in jamabandi, to pay land revenue and also to restrain authorities from evicting them from land inside reserved forest would be acceptable - As petitioners claim that they are landless people as depicted in letter, they may submit applications for allotment of lands under appropriate land policy of Government of Assam - Such applications may be taken up as per law by following relevant procedure and it may be brought to its logical end within three months of making any such application - Petition dismissed.
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioners and Mr. P.N. Goswami, learned Addl. Advocate General for all the respondents.
2. The fifty seven writ petitioners have instituted this writ petition with the following prayer:
“Under the circumstances, it is prayed that Your Lordships may be pleased to admit this petition, call for records, issue a Rule calling upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other writ of like nature shall not be issued commanding the Respondents to take necessary steps for entering the names of the petitioners in the Jamabandi Register of Old Solamona Boro Forest Village in terms of Letter No. FGH.18/G/74/3069 dated 6.11.1974 and Order No. 262 dated 31.12.1975 so as to enable them to pay the revenues and/or as to why a direction shall not be issued restraining the Respondents from evicting the petitioners from their respective land without due process of law and/or as to why a further direction shall not be issued to the Respondents to allow the petitioners to enjoy their continuous possession of their land at Old Solamona Boro Sobri Forest Village without any interference by the Respondents authority and cause or causes being shown and after hearing the parties be pleased to make the Rule absolute, giving full and complete relief to the petitioners and/or pass such other or further order or orders as Your Lordships may deem fit and proper.
AND
Pending disposal of the Rule, Your Lordship may be pleased to issue necessary direction to the Respondents restraining them from evicting the petitioners from their respective land without due process of law.
And for this, the petitioners as in duty bound shall ever pray.”
3. A reading of the prayer makes it discernible that the writ petitioners seek for a direction to the respondents in the Forest Department of the Government of Assam as well as the Deputy Commissioner, Karimganj and Circle Officer, Patharkandi Revenue Circle to take necessary steps to enter the names of the petitioners in the Jamabandi Register in respect of Old Solamona Boro Sobri Forest Village in terms of letter No. FGH.18/G/74/3069 dated 06.11.1974 of the then Conservator of Forests, Hills, Assam, Shillong namely M.A. Islam as well as the office order No. 262 dated 31.12.1975 of the Divisional Forest Officer, Cachar Division, Silchar. The letter of the Conservator of Forests, Hills dated 06.11.1974 is extracted as below:
“Since there are one hundred to two hundred bighas of land are available without tree Forests and which were encroached by Rang Reang people and have been evicted from time to time and that these vacant land may not be encroached by outsiders, the so sixty six land less people as certified by the S.D.O. Karimganj vide his no. KES.3(Pt)/73/30, dated 4.5.74 may be allotted there land after proper survey each getting five bighas of Rupit land and two bighas of Bari land on regular Forest village terms. The map after survey and the exact land available should be sent to this office for record.
The land in Dhubri are may not be thrown open for the present.”
4. The order of the Divisional Forest Officer, Cachar Division, Silchar dated 31.12.1975 is also extracted as below:
“Subject to abiding by the existing Forest Village rules inforce Sri Moinul Hoque and 55 (fifty five) others (as per list enclosed) are hereby ordered to be entertained as Forest Villagers with 5 (five) bighas of rupit land and 2 (two) bighas of Bari land each with the sanctioned boundary of Old Solamona Forest Village under Longai Reserve Forests of Karimganj Range with immediate effect as per approval of the Conservator of Forests Hills, Assam vide Nos. FGH.18/C/74 5069 dated 6.11.1974 and FGH.18/C/74-75/3124 dated 4.8.1975 with immediate effect.
The possession of land should be given on demarcati
