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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY
Bhauram Jodhraj – Appellant
Versus
Union of India, Represented by its Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. introduction of case and representation. (Para 1) |
| 2. petitioner's grievance regarding illegal occupation of land. (Para 2) |
| 3. defense's position on land acquisition. (Para 3) |
| 4. deputy commissioner's affidavit on land ownership. (Para 4) |
| 5. joint survey findings. (Para 5) |
| 6. respondents' responses to court's order. (Para 6) |
| 7. court's analysis of land ownership status. (Para 7) |
| 8. court's final directions regarding land. (Para 8) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S. Deka, learned counsel for the petitioner, and Mr. H. Sharma, learned State counsel for the respondents. Though the Union of India was represented earlier by Mr. S.K. Medhi, CGC, however, he submits that now brief has been taken from the office of CGC by the respondent No. 2.
2. Case of the petitioner:
2.1 The petitioner firm is the owner of a Tea Estate, namely, Amchong Tea Estate, situated at Sonapur, Kamrup (M), Assam. It is the grievance of the petitioner that in the month of February 2020, the respondent No. 2, i.e., the Defence Estate Officer, Guwahati Circle, Narengi Military Station, illegally trespassed into a portion of aforesaid Tea Estate land (hereinafter referred to as subject land), mea
Land held under patta by a private owner cannot be occupied by government authorities without following lawful acquisition procedures, ensuring property rights are protected.
Traditional land ownership rights in Arunachal Pradesh must be acknowledged, and mere possession is insufficient to establish ownership without considering customary practices.
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
The obligation of the State to ensure just and reasonable compensation for the deprivation of property, as per the Constitution and relevant statutes.
Public authorities must follow statutory procedures for land acquisition; failure to do so violates constitutional rights.
Lack of documented ownership by the petitioners precludes their claim for demarcation against established military land possession.
If right of property is a human right as also a constitutional right, same cannot be taken away except in accordance with law. Article 300-A of Constitution protects such right.
The court affirmed the petitioners' fundamental right to property and directed the expeditious acquisition of land occupied by the Army, ensuring due process and compensation.
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