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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Monmil Boro Son of Late Ramcharan Boro – Appellant
Versus
State of Assam – Respondent
| Table of Content |
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| 1. the court consolidates appeals for consideration. (Para 1 , 2 , 3) |
| 2. appellants claim longstanding legitimate occupancy of government land. (Para 4 , 5 , 18) |
| 3. procedural fairness in eviction process under settlement rules is emphasized. (Para 6 , 8 , 10 , 30) |
| 4. authorities must ensure individual assessments and rights are respected prior to eviction. (Para 11 , 16 , 21) |
| 5. land reserved for public purposes cannot be settled as per rules. (Para 12 , 14 , 15) |
| 6. balancing public welfare and individual rights is crucial in eviction decisions. (Para 58 , 60 , 63) |
| 7. urgent individualized assessments for rehabilitation of impacted residents are mandated. (Para 64 , 65 , 66 , 68) |
| 8. improvement of procedural requirements in land settlement applications is necessary. (Para 69 , 70 , 71) |
JUDGMENT & ORDER (CAV)
(A.D. Choudhury, J)
1. All these batches of appeals have been taken up together for consideration.
2. We have heard Mr. N. N. B. Choudhury, learned counsel for the appellant in Writ Appeal No. 311/2025; Mr. S. Dutta, learned Senior Advocate, assisted by Mr. R. Dhar, Advocate for the appellants in Writ Appeal No.312/2025; Mr. T. Deuri, learned Advocate for the appellants i
The court upheld the eviction of unauthorized occupants from government land reserved for a public hospital but mandated a reassessment of rehabilitation claims for eligible indigenous and landless i....
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
Eviction notices under Rule 18 of the Assam Land and Revenue Regulations must afford petitioners an opportunity to demonstrate bona fide claims of right, adhering to principles of natural justice.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
An application for government land settlement confers no vested right. Administrative authorities may consider subsequent material facts, such as the acquisition of private land, to determine eligibi....
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.
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
Possession of government land does not confer ownership rights under the Odisha Government Land Settlement Act, 1962; claims of adverse possession against public utility property are not sustained.
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