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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK, J.
Aswini Bezbaruah, S/o. Sri Ramakanta Bezbaruah – Petitioner
Versus
The Union Of India, rep. By The Secretary To The Ministry Of India Railway and Ors. – Respondents
WP(C) No.1460 Of 2021
Decided On : 10-06-2022
Public Premises - Eviction of Unauthorised Occupants - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Section 4, Section 8, Section 9
Fact of the Case:
The petitioner purchased a plot of land and was issued an eviction notice by the Estate Officer, NF Railways under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner approached the court through a writ petition seeking to set aside the eviction orders and protect his interest in the land.
Finding of the Court:
The court held that the petitioner should have preferred an appeal under Section 9 of the 1971 Act against the eviction orders instead of approaching the court through a writ petition. The court granted the petitioner 7 days to approach the appropriate forum for appeal and directed the respondents not to take coercive action during this period.
Issues: Whether the petitioner should have preferred an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 instead of approaching the court through a writ petition.
Ratio Decidendi: The court emphasized that the 1971 Act provides a statutory provision for preferring an appeal against the order of the Estate officer, and the petitioner should have availed the remedy under the Act itself.
Final Decision: The writ petition was disposed of with the direction for the petitioner to approach the appropriate forum for appeal under Section 9 of the 1971 Act within 7 days.
ORDER :
1. Heard Mr. P. Das, learned counsel appearing on behalf of Mr. S. Kalita, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, NF Railways for the respondent Nos. 1 to 7. Also heard Mr. J. Handique, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 8 and 9 as well as Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 10 to 12.
2. Petitioner claimed that he purchased a plot of 4th Class Basti land measuring 1 Katha 5 Lechas (3.34 Are) of Dag No.353(new)/147(old) of Patta No.183(new)/30(old) by Registered Sale Deed at Village -Maz Jalukbari, Mouza -Jalukbari in the District of Kamrup (Metro) with due sale permission dated 28.01.2016 issued by the Deputy Commissioner, Kamrup (Metro) Guwahati in its Land Revenue Branch.
3. It is also submitted that for purchasing the said land, the petitioner also obtained approval from the authorities of the GMDA on 07.04.2016. After such purchase of land, name of the petitioner has been mutated in the Jamabandi of the concerned Patta. But the Estate Officer, NF Railways earlier issued eviction notice on 27.07.2020 under Sub Section 1 of Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 relating to Plot No.3, Plan No.T/02/2020 at Km 172/9 – 173/0 near RUB 752 Amingaon.
4. Against the same, the petitioner submitted his reply before the Estate Officer, NF Railways on 21.08.2020 for which hearing was fixed on 25.11.2020.
5. Petitioner through RTI obtained the relevant information regarding the land occupied by him and the respondent Railways on 30.09.2020 provided him with all the relevant information. With regard to the said eviction notice dated 27.07.2020 issued under Section 4 (1) of the said 1971 Act, the petitioner approached this Court by way of a writ petition being WP(C) No. 122/2021, wherein the Court by order dated 18.01.2021 directed the parties to the said proceeding to maintain status quo as regards the land under the possession of the petitioner, which is still in force and the said WP(C) No. 122/2021 is pending for disposal.
6. It is submitted by the petitioner that subsequent to that, the Estate Officer, NF Railways again issued an eviction notice on 17.02.2021 in Eviction Case No. EO/MLG/139/2020 under Section 8 of the said 1971 Act with corrected and amended schedule showing that the petitioner is in unauthorized occupation of Plot No.2 Plan No.T/02/2020 at Km 172/9-173/0 near RUB 752 under Cadastral Dag No.-Certified Land Plan (Sheet No.82) of Village – Middle Jalukbari, Mouza – Jalukbari, Kamrup (Metro), Guwahati, Assam measuring an area of more or less 160.00 Sqm bounded by North -Railway Land, South -Railway Land, East -Railway Track and West -Private Land.
7. Petitioner submitted his reply on 22.08.2021 and the Estate Officer, NF Railways by order dated 17.02.2021, issued under Section 5(1) of the said 1971 Act in Eviction Case No.EO/MLG/139/2020, directed the petitioner to vacate the said premises within a period of 15 days from the date of receipt of the said order informing him further that if he fails to comply with the said order within the said specified period, he and all his persons concerned shall be evicted from the said premises, if needed, by using force, as may be necessary.
8. It is submitted by the petitioner that the land occupied by him against which the respondent Railways have issued the eviction order on 17.02.2021 does not belong to the Railways and it is a patta land as such, only after proper demarcation of said land specified in the eviction order dated 22.01.2021 issued under Section 8 of the said 1971 Act, (Annexure 13 to this petition), the Railway authorities after proper demarcation should have issued the impugned notice dated 17.02.2021.
9. Though the petitioner stated that after purchase of said 1 Katha 5 Lechas of land in respect of Dag No.353, Patta No. 183 at village -Maz Jalukbari, Mouza -Jalukbari under Guwahati
The petitioner should have preferred an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 instead of approaching the court through a writ petition.
The court emphasized the necessity for the Appellate Authority to determine land classification and occupancy rights prior to issuing eviction orders.
The Court affirmed that occupancy rights cannot be established merely through municipal connections or claims of government land without supporting evidence.
The Estate Officer must determine the nature of the land and consider all representations before issuing an eviction order under the Public Premises Act.
The court upheld the eviction order under the Public Premises Act, finding no jurisdictional error and validating the claims of land ownership by the railway authority over the disputed land.
The PPE Act allows for eviction of unauthorized occupants, but due process and natural justice must be observed in such proceedings.
The main legal point established in the judgment is the lack of authority of the Estate Officer and the maintainability of the writ petition under Article 226 of the Constitution of India.
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