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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, CJ, N. Unni Krishnan Nair
Amri Karbi Development Society – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
N. Unni Krishnan Nair, J.
Heard Mr. M. Sarania, learned counsel, appearing on behalf of the petitioners. Also heard Ms. N. Bordoloi, learned standing counsel, Revenue Department, appearing on behalf of respondents No. 1 & 4; Mr. P. Nayak, learned Addl. Advocate General, Assam, appearing on behalf of respondents No. 2 & 3; Mr. N. Das, learned Government Advocate, Assam, appearing on behalf of respondents No. 5 & 6; and Mr. R. K. D. Choudhury, learned Dy. SGI, appearing on behalf of respondents No. 7 & 8.
2. The petitioners, herein, i.e. Amri Karbi Development Society, and its Office Bearers, have instituted the present PIL petition, praying for the following reliefs:
“I. Certiorari shall not be issued directing the respondent authorities to set aside and quash the extension of the jurisdiction of the Guwahati Metropolitan Development Authority and the Guwahati Municipal Corporation, to the tribal belts and blocks of Kamrup (M) and its surrounding districts, by enacting the Assam State Capital Region Development Authority Act, 2017 impugned notification issued vide No.LGL.234/2017/5 dated 25.10.2017, as illegal, null and void for being in contravention of the object an
Public Interest Litigations must be filed bona fide and not for personal gain; courts must ensure genuine public interest is involved.
The court upheld the validity of the Notification dated 20.07.2021, confirming that the State Government complied with the necessary provisions of Regulation 160 of the Assam Land & Revenue Regulatio....
Provisions of the Act No.30 of 2013 cannot be clubbed with the APMRUDA Act, 2016 and the Rules, 2016.
The legality of the clauses of the 3rd Bodo Accord was upheld, confirming their non-violation of constitutional rights and the legitimacy of consequential notifications regarding Bodo governance.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
The judgment establishes the importance of preserving Satra land and emphasizes the legal provisions prohibiting the allocation of Satra land to persons of a different religion under the Assam State ....
Land Scam - 'Public Interest Litigation' – Not maintainable - PIL to be genuine Public Interest, not a publicity petition, politically motivated by third party, private interest or with any other mot....
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
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