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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Monmil Boro, S/o. Late Ramcharan Boro and Ors. – Petitioners
Versus
The State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Revenue Department And Ors. – Respondents
WP(C)/3715/2020, WP(C)/1361/2022, WP(C)/7622/2022, WP(C)/7381/2022, WP(C)/7858/2022, WP(C)/7848/2022, WP(C)/186/2023, WP(C)/7823/2022, WP(C)/7831/2022, WP(C)/221/2023, WP(C)/7870/2022, WP(C)/1006/2023, WP(C)/7949/2022, WP(C)/7948/2022, WP(C)/7953/2022, WP(C)/8308/2022, WP(C)/7815/2022, WP(C)/2931/2022, WP(C)/7580/2022, WP(C)/7818/2022, WP(C)/7976/2022, WP(C)/7517/2022, WP(C)/7383/2022, WP(C)/7384/2022, WP(C)/7258/2022, WP(C)/7698/2022, WP(C)/7804/2022, WP(C)/5959/2023, WP(C)/7618/2022, WP(C)/922/2023, WP(C)/7970/2022, WP(C)/7510/2022, WP(C)/5880/2023, WP(C)/7389/2022, WP(C)/7816/2022, WP(C)/7399/2022, WP(C)/7736/2022, WP(C)/7382/2022.
Decided On : 07-11-2024
(A) Assam Land and Revenue Regulations, 1886 - Rule 18 - Writ petitions challenging eviction notices issued under Rule 18 for occupation of Government land - Petitioners claim bona fide rights under Assam Land Policy, 2019 - Court finds violation of natural justice in eviction process without opportunity to contest - Notices construed as show cause for eviction. (Paras 40, 49)
(B) Natural Justice - Requirement of affording opportunity to show bona fide claim of right before eviction - Summary procedure under Rule 18 cannot be invoked without due process. (Paras 49)
Facts of the case:
Petitioners occupy Government land and challenge eviction notices issued under Rule 18, claiming rights under Assam Land Policy, 2019, and alleging violation of natural justice. (Paras 40, 49)
Findings of Court:
Notices issued to petitioners construed as show cause notices; petitioners allowed to submit replies to establish bona fide claims. (Paras 50(i), 50(ii))
Issues: Whether the summary eviction procedure under Rule 18 can be applied without affording the petitioners an opportunity to contest their claims. (Paras 47, 49)
Ratio Decidendi: The court ruled that eviction notices must allow petitioners to demonstrate bona fide claims of right; failure to do so violates principles of natural justice. (Paras 49)
Result: Writ petitions disposed with directions for the petitioners to submit replies and for the Deputy Commissioner to conduct hearings. (Paras 50)
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.7948/2022, the petitioner, is in occupation of 1 katha 10 lechas of land by constructing an RCC building which is covered by Dag No.96, which is admittedly a Government land. In this case also the notice was issued on 10.11.2022, which has been the subject matter of challenge.
5. In WP(C)No.7949/2022, the petitioner, had occupied 1 katha 5 lechas of land by constructing RCC building which is covered by Dag No.96, which is admittedly a Government land. The notice was also issued on 10.11.2022.
6. In WP(C)No.7970/2022, the petitioner, is in occupation of 8 lechas of land by constructing an Assam Type House and a notice was issued on 10.11.2022, the land occupied also falls in the Government Dag No.96.
7. In WP(C)No.7580/2022, the petitioner, is in occupation of 10.07 lechas, by constructing an RCC building over the Government land being Dag No.96. In this case also, the notice was issued on 10.11.2022.
8. In WP(C)No.7848/2022, the three petitioners, are in occupation of land admeasuring 3.54 Are over Dag No.201 and 8.72 Are over Dag No.202, totaling to 12.26 Are and have raised Assam Typed House. This Dag Nos. 201 and 202 are Government lands. The impugned notice was issued on 10.11.2022.
9. In WP(C)No.3715/2020, there are 11 writ petitioners, who are in occupation of Government Dag No. 97, of an area admeasuring 19.44 Are and they were issued notices on 10.11.2022. It is pertinent to mention that initially the writ petition was filed apprehending and subsequently on the basis of a Interlocutory Application being I.A. No. 3377/2022, pursuant to the notice so issued a status-quo order was passed.
10. In WP(C) No. 1361/2022, the petitioner, is in occupation of 12 lechas of land by constructing a RCC building over Government Dag No. 97, and the notice was issued on 07.01.2020 which has been put to challenge.
11. In WP(C) No. 7510/2022, the petitioner, is in occupation of 1.97 Are of Government land covered by Dag No. 97, by constructing an Assam Type House. In this case, the notice was issued on 10.11.2022. It is pertinent to mention that the petitioner herein had applied for settlement which was however, rejected.
12. In WP(C)No. 7517/2022, the petitioner, is in occupation of 1.48 Are by constructing a RCC building over Government Dag No. 97. In this case, the impugned notice was issued on 10.11.2022. It is pertinent to mention that, the petitioners applied for settlement which was however, rejected.
13. In WP(C) No. 7618/2022, the petitioner, is in occupation of 11 lechas of land by constructing an Assam Type House over Government Dag No. 97. The impugned notice was issued on 10.11.2022 which is the subject matter of challenge.
14. In WP(C) No. 7622/2022, the petitioner, is in occupation of 14 lechas of land by constructing Assam Type House over Government Da
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