IMPORTANT POINT
An eviction notice issued without proper delegation of authority is invalid, necessitating adherence to procedural requirements under the relevant regulations.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. S. Sharma, learned Senior Counsel assisted by Mr. A. Gautam, learned counsel appearing for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel appearing for the Revenue and Disaster Management Department representing the respondents no. 1 & 2 and Mr. N. Goswami, learned Government Advocate appearing for the respondents no. 3, 4 & 5.

2. The challenge made in the present proceeding is to an eviction notice dated 20.12.2018, issued by the Circle Officer, Dispur Revenue Circle, requiring the petitioners to vacate the Government land possessed by them within 15 days from receipt of the said notice.

3. The facts requisite for adjudication of the issue arising in the present proceeding are noticed as under:

4. It is projected in the writ petition that the father of the petitioner had brought the Possessory Right of a Government land, measuring 03 Katha, 11 Lechas, covered by Dag No. 1289 in the year 1982 from one Nayan Lingdo, whose father possessed the said land since 1973. On the said transaction so occasioning, the father of the petitioners possessed the land in question and renovated the existing room, while also constructing new rooms. It is projected that the said land and houses constructed thereon, were earlier assessed by the Guwahati Municipal Corporation (GMC) in the name of Nayan Lingdo and after the possession thereof, by the father of the petitioners, such Holding No. 56 of Ward No. 33(old)/56(new) was so issued in his favour. After the death of the father of the petitioners, the mother of the petitioners possessed the said land along with the petitioners, herein, continuously. Accordingly, the Holding No. 56 being assessed in the name of the mother of the petitioners, the taxes so working out were being regularly paid in the matter. The GMC Holding Nos. pertaining to the houses so constructed over the said plot of land, as on today, is 10272120 of Ward No. 30.

5. The petitioners, who are siblings, contend that neither their parents nor they, have no landed property other than the said plot of land so possessed by them. Accordingly, the petitioners contended that being landless persons, they have filed separate applications, being applications No. 330 and 331, both dated 04.11.2006 respectively; for settlement of the said plot of land, measuring 01 Katha, 10 Lechas each; totaling 03 Kathas before the District Commissioner, Kamrup. It is contended by the petitioners that the said applications as submitted by them, was duly processed by the authorities and necessary clarifications with regard to the land possessed by the petitioners were also received from the Guwahati Metropolitan Developmental Authority.

6. The petitioners contend that their claim for settlement of the land in question under their possession is being currently considered by the respondent authorities in Case No. KRS-1036/2006 and KRS-1037/2006. It is contended that a final decision thereon, has not been arrived at, till date.

7. Poised thus, the petitioners received an eviction notice dated 20.12.2018, issued by the Circle Officer, Dispur Revenue Circle; wherein they were contended to be occupying Government land by constructing concrete wall and tin roof houses and accordingly, they were asked to vacate the said Government land within a period of 15 days from the date of receipt of the notice, failing which, it was provided that eviction proceeding under the provisions of Rule 18(2) of the Assam Land and Revenue Regulations, 1886, (hereinafter referred to as “the Regulations of 1886”) would be so carried out.

8. On receipt of the said eviction notice dated 20.12.2018; the petitioners submitted a representation before the Circle Officer, Dispur Revenue Circle and inter-alia, contended therein, that they had submitted applications praying for settlement of the land under their possession with them and the same is under process for being placed before the jurisdictional Land Advisory Committee for ne