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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Cachar Transport Vehicle Owners Association & Ors. - Petitioners
Versus
The State of Assam, Through the Secy. to the Govt. of Assam, Deptt. of Transport, Dispur & Ors. - Respondents
WP(C) No. 2668 of 2015
Decided On : 21-12-2023
Settlement - Land Dispute - Assam Land and Revenue Regulation, 1886 - Rule 26 of the Settlement Rules - The court set aside the orders dated 28.04.2015 and 29.04.2015 and all subsequent actions taken thereafter in pursuance to those impugned orders. The court held that the settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886. The court also imposed a cost of Rs.10,000 upon the respondent authorities for their high-handedness.
Fact of the Case:
The petitioners, a society registered under the Societies Registration Act, 1860, challenged the cancellation of a land settlement granted to them by the Government of Assam. The settlement was cancelled by the Deputy Secretary to the Government of Assam, Revenue and Disaster Management Department, and the Deputy Commissioner, Cachar, through orders dated 28.04.2015 and 29.04.2015, respectively.
Finding of the Court:
The court found that the cancellation of the settlement was unauthorized and an abusive exercise of power. It held that the settlement could not be cancelled unless it was found to have been contrary to the Assam Land and Revenue Regulations, 1886. The court set aside the impugned orders and imposed a cost of Rs.10,000 upon the respondent authorities for their high-handedness.
Issues: The main issue was whether the respondent authorities could cancel the settlement made in favor of the petitioner association.
Ratio Decidendi: The court held that the settlement could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886. It also emphasized that the cancellation was unauthorized and an abusive exercise of power.
Final Decision: The court set aside the orders dated 28.04.2015 and 29.04.2015 and all subsequent actions taken thereafter in pursuance to those impugned orders. The court also imposed a cost of Rs.10,000 upon the respondent authorities for their high-handedness.
JUDGMENT :
Heard Mr. B.C. Das, learned senior counsel, assisted by Mr. S. Nath, learned counsel appearing on behalf of the petitioners. Also heard Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department; Ms. U. Das, learned Additional Senior Government Advocate, Assam and Ms. M.D. Bora, learned Standing Counsel, Transport Department, Assam.
2. The instant writ petition is filed challenging the orders dated 28.04.2015 and 29.04.2015, issued by the Deputy Secretary to the Government of Assam, Revenue and Disaster Management Department and the Deputy Commissioner, Cachar, respectively, and the subsequent actions taken pursuant thereto.
3. From a perusal of the writ petition, it reveals that the petitioner No. 1 herein is a society registered under the Societies Registration Act, 1860, having its Registration No. 54/1945-46. In the year 1977, witnessing speedy and sudden growth of urban area within the Silchar Town due to the increase of population and, resultantly, the number of buses increasing substantially, the Government, vide order dated SRS.118/77-78/8-A dated 09.10.1977 allotted the petitioner association a fallow, deep, marshy plot of Government land near BRTF Camp at Trunk Road, Silchar Town, to use initially for a period of 6 months. The said right given to the petitioner association to use the land was extended from time to time till the year 1985. It is also seen from the perusal of the writ petition that the petitioner association had developed the land by earth filling and had also made constructions not only for the purpose of ticket counter but also for garage and other commercial shops necessary to cater to the needs of the passengers.
4. In the year 1985, at the request and advice of the Transport Department, Government of Assam, the Land Advisory Committee allotted a plot of land measuring 3 Bighas 15 Kathas 12 Chattaks, covered by Dag No. 2678(A) and 2678(B) on certain conditions to the effect that the petitioner association should provide employment to local unemployed youths. In compliance of the said requirement, the petitioner association constructed boundary wall on all the three sides of the said land by further developing it and also made construction of a 3,500 Sq. ft. building over the said land for passenger shed, canteen, office of the petitioner association, ticket counter etc. after taking due permission from the Silchar Development Authority on 05.07.1993. The record further reveals that vide a communication dated 10.01.2006, the Joint Secretary, Government of Assam, Revenue (Settlement) Department, informed the Deputy Commissioner, Cachar, Silchar, that in view of the letter of the Deputy Commissioner, Cachar, Silchar, dated 17.12.2005, the Governor of Assam was pleased to order for settlement of Sarkari land measuring 3 Bighas 14 Kathas convered by Dag No. 2678(A) and 2678(B) under Silchar Town Mouza, Porbonah Barakpur, with the petitioner association for “trade purpose” subject to payment of 150% of the land value as premium on the condition that the petitioner association will have to arrange proper accommodation on the waiting of passenger by constructing all-weather structure. It was further mentioned in the said communication that the value of the aforesaid land was fixed at Rs. 4.00 Lakhs per Bigha.
5. Before proceeding further, this Court finds it pertinent to observe that in the said communication it was duly mentioned that the Governor of Assam had ordered for settlement of the said Government land in favour of the petitioner association and, therefore, it was not merely a recommendation for settlement of the land. Further, it was mentioned that the land may be handed over to the petitioner association and the concerned land records may also be corrected and patta be issued after realization of the premium in full. The record further reveals that the petitioner association had paid the entire premium in seven instalments which the respondent authorities, more
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
A settlement obtained through misrepresentation and fraud can be cancelled by the state without notice, as it violates 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....
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Authority cannot cancel confirmed leases under a different statute, maintaining jurisdiction of High Court to intervene when lower authority exceeds legal bounds.
The Court established that cancellation of an annual patta must adhere to principles of natural justice and due process as mandated by the Assam Land and Revenue Regulations.
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
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