VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Lakheswar Deori, S/o. Lt. Tikoram Deori – Appellant
Versus
State Of Assam, Rep. By The Principal Secy. To The Govt. Of Assam, Revenue And Disaster Management Deptt. – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. H. R. A. Choudhury, learned senior counsel, assisted by Mr. M. A. Choudhury, learned counsel, appearing on behalf of the petitioners. Also heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam; Ms. N. Bordoloi, learned standing counsel, Revenue & Disaster Management Department; and Mr. R. P. Sarmah, learned senior counsel, assisted by Mr. M. R. Adhikari, learned counsel; appearing on behalf of their respective respondents.
2. The challenge in the present Public Interest Litigation (PIL) is to a Notification, dated 20.07.2021, issued by the Government of Assam, Revenue(Settlement & Disaster Management Department) towards including the communities mentioned therein, in the list of protected classes of persons in Sadiya Tribal Belt, in exercise of powers conferred by Regulation 160(2) of Chapter X of the Assam Land & Revenue Regulation, 1886(as amended).
3. The petitioners, herein, have projected themselves to belong to the indigenous Scheduled Tribes of the District of Tinsukia, Assam, and being social workers; have proceeded to institute the present Public Interest Litigation(PIL), on behalf of the Scheduled Tribes and origi
The court upheld the validity of the Notification dated 20.07.2021, confirming that the State Government complied with the necessary provisions of Regulation 160 of the Assam Land & Revenue Regulatio....
Public Interest Litigations must be filed bona fide and not for personal gain; courts must ensure genuine public interest is involved.
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 established that eviction processes must respect individual rights and follow due legal procedures as outlined in the Assam Land and Revenue Regulation, 1886.
The legality of the clauses of the 3rd Bodo Accord was upheld, confirming their non-violation of constitutional rights and the legitimacy of consequential notifications regarding Bodo governance.
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 ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Appointment of a Commission to investigate conditions of backward classes - President has not prepared and published a list under Article 342A of Constitution of India; that President has power to ul....
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
Eviction notices under Rule 18 of the Assam Land and Revenue Regulations must afford petitioners an opportunity to demonstrate bona fide claims of right, adhering to principles of natural justice.
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