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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Khireswari Saikia D/o- Late Purnima Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Vijay Bishnoi, CJ.
Heard Mr. Anurag Tiwary, learned counsel appearing for the appellant in WA No.126/2023; Mr. U.S. Borgohain, learned counsel for the appellants in WA No.234/2023 and Mr. S. Borthakur and Ms. P. Borah, learned counsel appearing for the appellants in WA No.316/2023 and WA No.317/2023. Also heard Mr. N. Das, learned Government Advocate, Assam; Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department and Mr. P. Nayak, learned Standing Counsel, Guwahati Municipal Corporation (GMC), Guwahati Metropolitan Development Authority (GMDA) and Department of Housing and Urban Affairs (DoHUA).
2. These writ appeals are preferred by the appellants being aggrieved with the impugned judgment dated 03.03.2023 and order dated 31.07.2023 passed by the learned Single Judge in a bunch of writ petitions. Two of the writ appeals, being WA No.126/2023 and WA No.234/2023, are filed against the impugned judgment and order dated 03.03.2023, whereas other two writ appeals, being WA No.316/2023 and WA No.317/2023, are preferred against the order dated 31.07.2023.
3. The writ appellants approached the Writ Court b
The court upheld the eviction of encroachers from waterbodies, emphasizing public interest and environmental protection over individual claims of prior occupation.
The court established that eviction from khas land does not require prior notice under Rule 18(2) of the Assam Land and Revenue Regulation, 1886, and emphasized the primacy of public interest in evic....
Satisfaction of Government is sufficient to initiate process of requisition and acquisition of land in exercise of power under Section 3(1) of the 1964 Act.
Encroachment on water bodies is impermissible; restoration of original ecological status is mandated by law.
Natural wetlands cannot be encroached or replaced by artificial ones; revenue-recorded ponds must be restored despite constructions, with time for relocation to protect students; locus not barred by ....
Encroachment on water bodies is illegal; eviction proceedings must adhere to relevant statutes while considering the right to alternative accommodation for those affected.
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
The court emphasized the urgency of enforcing land laws to remove illegal encroachments on public water resources, obligating government officials to act swiftly under the Land Encroachment Act.
The duty to restore and conserve wetlands is a constitutional responsibility, overriding private property disputes, under the East Kolkata Wetlands (Conservation and Management) Act, 2006.
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