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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Abdul Samad S/o Jainal Abdin – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
The petitioners herein, invoking the extra-ordinary and discretionary jurisdiction under Article 226 of the Constitution of India, have preferred the writ petition seeking inter-alia direction to the respondent authorities to consider the application, stated to have submitted by the petitioners before the District Commissioner, Darrang on 11.03.2024. The petitioners have further sought for a direction to the State respondents to review and cancel an earlier order of allotment of land made in favour of the respondent no. 6 in the year 1989 and to allot/settle the said land in favour of the petitioners considering their possession on it for a long period.
2. The learned counsel for the petitioners; learned Standing Counsel, Revenue Department; and learned State Counsel were heard on 29.01.2025 and on 07.02.2024. Today, Ms. N. Boro, learned counsel on behalf of Mr. N.K. Kalita, learned counsel for the petitioners; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4 are present.
3. Having regard to the issues rai
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwh....
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
The settlement claim must be substantiated with relevant documents in a summary proceeding.
Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.
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