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DEVASHIS BARUAH
Monmil Boro, S/o. Late Ramcharan Boro – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Revenue Department – Respondent
JUDGMENT :
(Devashis Baruah, J.)
Heard Mr. R Dhar, Mr. S. Nath, Md. A. Matlib, Mr. B. Sinha, Ms. N.S. Thakuria and Mr. Bipul Khaklary, the learned counsels appearing for the writ petitioners. Also heard Mr. R Barpujari, the learned Standing Counsel appearing on behalf of the Revenue Department, Government of Assam, Mr. S.R. Baruah, the learned Government Advocate, appearing on behalf of the District Administration and Mr. S. Borah, the learned Standing Counsel appearing on behalf of the GMC.
2. The instant batch of writ petitions have been filed challenging the individual notices issued to the petitioners in the writ petitions, under Rule 18 of the Settlement Rules framed under the Assam land and Revenue Regulations, 1886 (for short, the Regulations’). For the purpose of disposal of the batch of writ petitions it is pertinent herein, to take note of the individual cases of the petitioners in their writ petitions.
3. In WP(C)No.7816/2022, the petitioner, is in occupation of 10 lechas of admitted Government land in Dag No.96. The petitioners had constructed an RCC building. A notice was issued under Rule 18 on 10.11.2022, which is the subject matter of challenge.
4. In WP(C)No.7948/2
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.
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
The court upheld the eviction of unauthorized occupants from government land reserved for a public hospital but mandated a reassessment of rehabilitation claims for eligible indigenous and landless i....
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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 issued without proper adjudication violated natural justice; treated as Show Cause Notices allowing Petitioners to present their claims and receive a personal hearing.
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....
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.
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