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MANISH CHOUDHURY
Monikha Borah W/o Nitul Borah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
By this writ petition instituted under Article 226 of the Constitution of India, the petitioners, 20 [twenty] in nos., have assailed a contemplated process of eviction, which has been initiated by serving a notice upon them under the hand of the respondent no. 3, that is, the Circle Officer, Naharkatia Revenue Circle, District – Dibrugarh. By the notice, shown to have been issued on 30.10.2023, the petitioners have been informed that they are encroaching upon parcels of Government land and these parcels of Government land, had already been allotted for widening of public road, for establishment of a Sub-Division Office at Naharkatia and for construction of a Cricket Stadium. The petitioners have been informed by the notice that they should vacate the parcels of land, which are under their unauthorised occupation, within a period of 15 [fifteen] days from the date of receipt of the notice.
2. I have heard Mr. M. Barman, learned counsel for the petitioners and Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. R. Borpujari & Ms. P.R. Mahanta, learned Standing Counsel, Revenue and Disaster Management Department for the respondent nos. 1 – 4 & 6; and Ms. A. Gayan,
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....
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.
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....
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
The court upheld the eviction of unauthorized occupants from government land reserved for a public hospital but mandated a reassessment of rehabilitation claims for eligible indigenous and landless i....
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