DEVASHIS BARUAH
Khanindra Nath Das S/o Sri Dhirendra Nath Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. N. Haque, the learned counsel appearing on behalf of the petitioners. Mr. H. Sarma, the learned Govt. Advocate appears on behalf of the District Administration and Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the Revenue Department of the Government of Assam.
2. The petitioners herein have assailed the initiation of proceedings for eviction vide the notice dated 24.01.2017, issued by the Circle Officer, Baghbor Revenue Circle, so far it relates to the plot of land admeasuring 20 Bighas covered by the Dag No. 235(Ka) VGR of Bhatkuchi village under Jania Mouza in the Barpeta district.
3. From a perusal of the materials on record it is seen that the Government of Assam had made a Land Policy in the year 1989. In terms with the Land Policy and, more particularly, in Clause 8.1, it was envisaged that temporary permission for use of Government khas land for manufacturing brick, tiles, etc. may be given not exceeding 10 Bighas in case of individuals and not exceeding 20 Bighas for Cooperative Society of firm subject to execution of undertaking by the permit holder to the effect that he would pay in advance the land revenue of the land and the royalt
Jagpal Singh and Others Vs. State of Punjab and Others reported in (2011) 11 SCC 396
The court ruled that without a lease agreement and payment of dues, eviction proceedings are justified under the Land Policy of Assam.
The court ruled that eviction without due process and cancellation of the original agreement is impermissible, emphasizing the need for adherence to legal procedures.
Rights for land allotment must align with governmental policies and regulations, specifically regarding Village Grazing Reserves, which are not subject to allocation except under defined exceptional ....
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.
The court affirmed the right to representation regarding land status and emphasized adherence to due process for eviction from Village Grazing Reserves, referencing the Assam Land Policy and Supreme ....
Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.
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.
Parties have the right to claim allotment over government waste lands, and eviction requires clear statutory acknowledgment of grazing reserve status.
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.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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