DEVASHIS BARUAH
Monoranjan Choudhury S/o Late Madan Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. K.N. Choudhury, the learned Senior counsel assisted by Mr. N. Bharali, the learned counsel appearing on behalf of the Petitioners. I have also heard Mr. A. Bhattacharjee, the learned Standing counsel appearing on behalf of the Respondent No. 1 and Mr. H. Sarma, the learned Government Advocate appearing on behalf of the Respondent Nos. 3 and 4.
2. The materials on record reveals that the Petitioners herein were allotted a plot of land admeasuring 10 Bighas covered by Dag No. 235(JHA) in Part-A of Bhatkuchi VGR under Jania Mouza for manufacturing brick for a temporary period of 3 (three) years on realization of royalty @ Rs.2.50 per cubic metre and land revenue of 10 times of the highest rented class of land in that village. Pursuant to the said communication issued by the Deputy Secretary to the Government of Assam, Revenue (Settlement) Department, an agreement was entered into by and between the Governor of Assam through the Additional Deputy Commissioner, Barpeta as well as the Petitioners wherein it was agreed that the land described in Schedule-A to the said agreement was allotted for brick industry subject to various conditions mentioned
The court ruled that eviction without due process and cancellation of the original agreement is impermissible, emphasizing the need for adherence to legal procedures.
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
The court ruled that without a lease agreement and payment of dues, eviction proceedings are justified under the Land Policy of Assam.
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.
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....
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.
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 ....
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 ....
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....
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