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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Bedabrata Bora S/o Lt. Ramakanta Bora – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner’s claim of land possession. (Para 1 , 2) |
| 2. parties argue over the enforcement of vgr land rights. (Para 4 , 5 , 7 , 9) |
| 3. court observes the legal status of vgr land. (Para 6 , 10 , 11 , 12 , 13 , 14) |
| 4. no negative equality in vgr land claims. (Para 15) |
| 5. final dismissal of the writ petition with time for eviction. (Para 16 , 17 , 20) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The approach to this Court by this application filed under Article 226 of the Constitution of India is against a notice dated 19.07.2016 by which, the petitioner has been sought to be evicted from the land which is under his possession.
2. As per the facts projected, the petitioner is a Small Tea Grower and is registered under the Tea Board. It has been stated that 40 bighas of myadi patta land was utilized and he had opened a small tea garden in the year 2004-05. Thereafter, the petitioner had purchased the possessory rights from the earlier occupiers of around 11 bighas of land and had extended the tea garden. It is the specific case of the petitioner that at that time, he was not aware of the fact that the land which he had purchased in the year 2007-08 was Village Grazing Reserve (VGR) lan
Eviction from Village Grazing Reserve land is impermissible under law, and claims of discrimination based on negative equality are not valid.
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 ....
Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.
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 ....
Parties have the right to claim allotment over government waste lands, and eviction requires clear statutory acknowledgment of grazing reserve status.
Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
The court ruled that eviction actions must comply with procedural requirements, emphasizing the necessity of notice and adherence to established rules.
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....
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