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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY
Monmil Boro And Ors. Son Of Late Ramcharan Boro – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
(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 in W.A. No.313/2025; W.A. No.314/2025; W.A. No.316/2025; W.A. No.317/2025; W.A. No.318/2025; W.A. No.319/2025; W.A. No.320/2025 and W.A. No.321/2025 and Mr. R. Dhar, learned Advocate for the appellants in W.A. No.315/2025; W.A. No.325/2025; W.A. No.326/2025; W.A. No.327/2025; W.A. No.328/2025; W.A. No.329/2025; W.A. No.330/2025; W.A. No.331/2025 and W.A. No.332/2025. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. R. Borpujari, learned Standing Counsel, Revenue Department in a separate set of appeals.
3. All these appeals call into question the legality and validity of the common judgment and order dated 18.09.2025 rendered by the learned Single Judge, upholding the eviction of the appellants from the parcel of government land situated at Village: Ulubari, Mouza: Ulubari unde
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
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....
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.
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.
Only land which is at the disposal of the Government and as per the Regulation of 1886 the term “Government” would mean the “State Government”
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....
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