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DEVASHIS BARUAH
Kalicharan Mandal, Son Of Pushananda Mandal – Appellant
Versus
State Of Assam, Represented By Its Commissioner And Secretary Government Of Assam Revenue Department – Respondent
JUDGMENT :
(Devashis Baruah, J.)
Heard Ms. BS Goyal, the learned counsel appearing on behalf of the petitioners. Mr. R. Borpujari, learned counsel appears on behalf of the Revenue Department, Government of Assam and Mr. D. Nath, the learned Senior Government Advocate, Assam appears on behalf of the respondent Nos. 2, 3 and 4.
2. Two hundred and seven writ petitioners have joined together to file the present writ petition challenging the eviction process initiated by the Circle Officer, Dhekiajuli Revenue Circle by issuance of eviction notices to them all dated 15.11.2021. In addition to that, the petitioners have also sought for a direction that the land under their possession should be settled by the respondent authorities in terms with the Assam Land Policy, 2019 on the ground that the petitioners are indigenous landless persons entitled to settlement.
3. From a perusal of the writ petition, it is seen, more particularly, at paragraph Nos. 4 and 7 that only details have been given, in so far as the petitioner Nos. 1,2,3,4,6,7,8,9 and 10, but the writ petition is, otherwise, silent in respect to the credentials of the other writ petitioners. It is further seen that in Annexure-A seri
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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....
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.
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
An application for government land settlement confers no vested right. Administrative authorities may consider subsequent material facts, such as the acquisition of private land, to determine eligibi....
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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