IMPORTANT POINT
Eviction proceedings must respect the rights of occupants and adhere to procedural fairness as mandated by the Assam Land and Revenue Regulation.

JUDGMENT :

Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the petitioners. Mr. R Barpujari, the learned counsel appears on behalf of the Revenue Department, Government of Assam and Mr. H. Sarma, the learned Additional Senior Government Advocate appears on behalf of the District Administration, Kamrup (M).

2. In the instant writ petition, the petitioners herein 34 in number have approached this Court challenging the eviction proceedings carried out by the District Administration of Kamrup (Metro) in the purported exercise of powers under Chapter-X of the Assam Land and Revenue Regulation, 1886 (for short, ‘the Regulation’). It is the case of the petitioners that the petitioners herein have not been issued any notice, but red colour stickers have been pasted in the houses belonging to the petitioners and under such apprehension, the petitioners have approached this Court. It is the further case of the petitioners that the petitioners though not the owners or patta holders of the land, in question, but they have acquired derivative rights from the owners or patta holders of the land in question, and as such, the summary manner in which the respondents are taking steps to evict the petitioners are in violation of the provisions of Section 165 (3) of the Regulation as well as in violation of the principles of natural justice.

3. Mr. R Barpujari, the learned Standing Counsel, Revenue Department, per contra, submitted that in terms of the Notification dated 27.02.1950, the Revenue and Settlement Department of the Government of Assam under the Orders of the Governor of Assam had constituted the Tribal Belt in terms with Chapter-X of the Regulation. He further submitted that Chapter-X of the Regulation is a very special Chapter in order to protect certain Classes who, on account of their primitive conditions and lack of education or material advantages, are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance. In terms of Section 164 (A) and 164 (B) of the Regulation, stringent conditions have been imposed keeping the legislative enactment for protection of the Backward Classes. He further submitted that once the land has been notified in terms of Chapter-X, there cannot be any acquisition by any other Class other than those Classes falling under Chapter-X of the Regulation.

4. The learned counsel for the Revenue Department further submitted that in the instant case, the petitioners herein have no semblance of any right over the lands in question and as such, even issuance of notice to the petitioners would gain no meaningful result. Referring to the pleadings in the writ petition as well as also in the additional affidavit, the learned counsel appearing on behalf of the Revenue Department further submitted that this is a case where the petitioners could not have claimed any rights over the land in question. He, however, admitted the fact that the Supreme Court in its order dated 03.02.2020 in SLP(C)No.2121/2020 had issued certain observations in the manner in which the proceedings are required to be conducted.

5. In the backdrop of the above submissions, this Court has duly given an anxious consideration to the submissions so made by the learned counsels for the parties. It is seen from a perusal of Chapter-X of the Regulation that by Section 60, an obligation has been cast upon the State Government to adopt such measures as it deems fit for protection of those Classes who, on account of their primitive conditions and lack of education or material advantages, are incapable of looking after their welfare in so far as such welfare depends upon having sufficient land for their maintenance. In terms of Section 161 of the Regulation, a power has been conferred upon the State Government to constitute compact areas in regions predominantly occupied by people notified under the provisions of Sub-section (2) of Section 160 of the Regulation in Belts or