DEVASHIS BARUAH
Luthfur Rahman, S/o. Late Mohabbat Ali – Appellant
Versus
State of Assam, Rep. by the Principal Secretary to the Government of Assam, Revenue and DISASTER Management Department – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. R.J. Das, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing Counsel appearing on behalf of the Respondent No.1 and Ms. S. Baruah, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3.
2. The Petitioner Nos. 1 and 2 herein and their family claimed to be residing in the Dag Nos. 568, 573, 582, 613 of K.P. Patta No.62 of Village Kachutali Pathar, under Mouza Sonapur within Sonapur Revenue Circle in the District of Kamrup (M). They claimed that they have inherited the said lands from their father/grand-father and the predecessor-in-interest of Late Mohabbat Ali and Late Uwaidullah Dullah respectively who originally resided within the declared Tribal Belt area of Sonapur (as it was then) as non-Protected Backward Class person since 1923-24 much prior to the notification constituting the said area as the Tribal Belt.
3. The Petitioner Nos. 3 to 6 and their families are presently residing in Dag No.560, 571, 596, 597, 601, 609, 611, 612, 641, 642, 672, 673, 675, 676 and 684 of Patta No.29 upon inheriting the said lands from their father/grand-father and their predecessor-
The court established that historical land rights must be respected and due process followed in eviction proceedings under the Assam Land and Revenue Regulation.
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.
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....
The court emphasized the need for individuals to submit specific claims regarding land occupation, safeguarding against wrongful eviction without due process.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Supreme Court that if order is adverse to occupants, Deputy Commissioner must give reasonable time to occupants to take recourse to appropriate remedy as may be permissible in law.
Eviction without proper adjudication and notice violates principles of natural justice, requiring opportunities for representation and personal hearings in the context of government land occupation.
The court ruled that eviction of Scheduled Tribe individuals from their homes in scheduled areas, based on illegal proceedings, violates the Land Transfer Regulation.
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