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SANJAY KUMAR MEDHI
Rupjyoti Bora Buragohain W/O- Lt. Arup Bora – Appellant
Versus
State Of Assam Through The Commissioner And Secy. , Revenue And Disaster Management – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
The writ jurisdiction of this Court has been sought to be invoked in these five writ petitions which have been filed with a similar cause of action. In the first writ petition, namely, WP(C)/1113/2023, vide an order dated 27.02.2023 an interim protection was granted and directed the matter to be listed on 03.03.2023. Two subsequent matters were moved on 28.02.2023 being, WP(C)/1156/2023 & 1159/2023 in which an order for analogous hearing on the motion stage with the earlier writ petition i.e, WP(C)/1113/2023 was fixed today. Further, it was observed that if the eviction was yet to be done, the same may not be carried out till the next date fixed i.e. 03.03.2023. Today, apart from the aforesaid writ petitions, two more writ petitions have been listed for motion being, WP(C)/1229/2023 & WP(C)/1256/2023. The principal challenge in all these writ petitions is against the action for eviction of the petitioners.
2. In the deliberations, which had commenced today, Shri D. Saikia, the learned Advocate General, Assam, clarified, at the outset that his argument would be based on the point of law and therefore, no affidavit-in-opposition is re
The court established that eviction from khas land does not require prior notice under Rule 18(2) of the Assam Land and Revenue Regulation, 1886, and emphasized the primacy of public interest in evic....
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.
The court upheld the eviction of encroachers from waterbodies, emphasizing public interest and environmental protection over individual claims of prior occupation.
The main legal point established in the judgment is that the dispute between the petitioners' claim as landholders and the claim of unauthorized occupation by the Estate Officer should be decided by ....
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....
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
Satisfaction of Government is sufficient to initiate process of requisition and acquisition of land in exercise of power under Section 3(1) of the 1964 Act.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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