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DEVASHIS BARUAH
Jaharul Islam Choudhury Son Of Late Sayed Choudhury – Appellant
Versus
State Of Assam To Be Represented By The Commissioner And Secretary To The Government Of Assam, Revenue And Disaster Management Department – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the petitioners in WP(C) No.4818/2024 and WP(C) No.4820/2024 as well as Mr. N. Baruah, the learned counsel appearing on behalf of the petitioner in WP(C) No.4840/2024. I have also heard Mr. D. Saikia, the learned Advocate General, Assam assisted by Mr. R. Borpujari, the learned Standing Counsel, Revenue Department appearing on behalf of the State respondents.
2. In the instant three writ petitions, the petitioners have assailed the general notices dated 13.09.2024/14.09.2024 issued by the Circle Officer, Sonapur Revenue Circle, Kamrup (Metro) District whereby the land mentioned in the said notices, i.e. Myadi Patta No.1 to 202 and Eksonia Patta No.1 to 87 have been held to be under unauthorized and illegal possession of the people other than the protected Class as per Chapter-X of the Assam Land and Revenue Regulation, 1886 (for short, ‘the Regulation’). Under such circumstances, all the inhabitants of the said land mentioned in the notices were directed to vacate the land within three days of service of the notice.
3. The petitioners herein claimed that they have rights over the land unde
The court established that eviction processes must respect individual rights and follow due legal procedures as outlined in the Assam Land and Revenue Regulation, 1886.
The court established that historical land rights must be respected and due process followed in eviction proceedings under the Assam Land and Revenue Regulation.
Eviction proceedings must comply with statutory requirements and principles of natural justice, ensuring that occupants are given a fair opportunity to contest their eviction.
Eviction proceedings must respect the rights of occupants and adhere to procedural fairness as mandated by the Assam Land and Revenue Regulation.
Regulation 165 of the Assam Land and Revenue Regulation, 1886, provides for the eviction of persons occupying land in violation of the regulation, emphasizing the need for proper notice to the partie....
Eviction notices issued without proper adjudication violated natural justice; treated as Show Cause Notices allowing Petitioners to present their claims and receive a personal hearing.
The court ruled that eviction notices must adhere to principles of natural justice, requiring prior notice and an opportunity for affected parties to present their case.
Eviction notices pertaining to Government land must respect principles of natural justice, treating them as Show Cause Notices, allowing occupants to present their claims and ensuring personal hearin....
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