IMPORTANT POINT
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 eviction actions related to environmental concerns.

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 required to be filed. In that view of the matter, the writ petitions were taken up for disposal at the motion stage itself.

3. However, before going to the issue involved, it would be beneficial to record the facts of the cases in brief.

4. The petitioners in WP(C)/1113/2023, who are 3 in numbers, claim to be occupying small plots of Government lands in Village-Hengrabari, Mouza-Beltola, under Dispur Revenue Circle. They claim to have constructed residential houses and have been allotted Municipal holding numbers by the concerned authorities. The petitioners also claim to have given electricity connection. The petitioners claim that they are in occupation of the land since last 12 years and the lands neither reserved for any Government department, road or public purpose nor part of the Wetland of Silsako Fresh Water Lake.

5. The petitioners in WP(C)/1156/2023, who are 10 in numbers, claim to be the residents of Satgaon, under Mouza-Beltola, Revenue Circle-Dispur and have been in long and continuous possession of various plots of land covering various Dags, namely, Dag Nos. 182, 184, 185 & 186. As per the petitioners, the aforesaid lands are classified as residential and Khiraj Eksona and do not come under any water body as per the Guwahati Waterbodies (Prevention and Conservation) Act, 2008. The petitioner no.2, in this case, has further claimed that settlement application was made and that presently, her son's examination is also going on. The other petitioners also have claimed to have applied for settlement which has not been done. It is the specific case of the petitioners that the aforesaid dag numbers are outside the Silsako Beel.

6. There are 2 numbers of petitioners in WP(C)/1159/2023, who claim to have occupied Government land under Village-Mathgharia, Mouza-Beltola, Dispur Revenue Circle and claim to have been granted municipal holding numbers. They have also claimed to have applied for settlement of the land in question. Though in the synopsis a mention has been made regarding annual examination of the children of the petitioners, there is no such pleading in the writ petition.

7. In WP(C)/1229/202310, the petitioners, who are 10 in numbers, have joined together and have claimed to be occupying the Government lands of Village-Hengrabari, Mouza-Beltola, under Dispur Revenue Circle. The petitioners claim to have been granted municipal holding numbers and electricity connection to their houses and that their lands are not reserved for any Government department nor part of any Wetland.

8. There are 14 numbers of petitioners in WP(C)/1256/2023, who have claimed to be occupying the Government land of Village-Hengrabari, Mouza-Beltola, under Dispur Revenue Circle. The petitioners claim to have been granted municipal holding numbers and electricity connec