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DEVASHIS BARUAH
Sarkar Nazrul Islam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. H. Choudhury, the learned senior counsel assisted by Mr. S. U. Ahmed, the learned counsel for the petitioners. Also heard Mr. R. Borpujari, the learned Standing Counsel, Revenue Department for the respondent No.1 as well as Ms. M. Barman, the learned Junior Government Advocate, Assam for the respondent Nos. 2 to 5.
2. The instant writ petition is filed by 37 petitioners alleging the inaction of the respondent authorities in granting allotment to the petitioners in spite of the fact that the District Level Scrutiny Committee, Mangaldai by its Resolution Nos.30 and 31 adopted in its meeting dtd. 20/12/2005 have recommended of granting allotment of Village Grazing Reserve (for short, VGR) land to the petitioners. For the sake of convenience, it would be relevant to take note of the Resolution Nos.30 and 31 of the Land Advisory Committee, Mangaldai held on 20/12/2005 which are quoted herein below:
Resolution No.30: The committee recommended the proposal for settlement of VGR land measuring 4B-1K-5L out of 21B-4K-10L covered by Dag No.5 (PT) of Bandi Chapari under Chapai Mouza in favour of Md. Khalilur Rahman and 16 others @ 1K-5L land each. Howev
Compliance with Rule 95A of the Settlement Rules before using or disposing of grazing grounds, and the power of the Deputy Commissioner to recommend denotification of VGR land.
Rule 95A of Grazing Rules which reads as if at any time Deputy Commissioner is of opinion that a village grazing ground constituted under foregoing rules is wholly or in part not needed for purpose f....
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
The court affirmed the right to representation regarding land status and emphasized adherence to due process for eviction from Village Grazing Reserves, referencing the Assam Land Policy and Supreme ....
Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.
Rights for land allotment must align with governmental policies and regulations, specifically regarding Village Grazing Reserves, which are not subject to allocation except under defined exceptional ....
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....
Parties have the right to claim allotment over government waste lands, and eviction requires clear statutory acknowledgment of grazing reserve status.
The court upheld the validity of the land allotment for a project of national importance and found it to be in accordance with Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955.
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