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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Gauri Kanta Basumatary S/O. Lt. Durga Charan Basumatary – Appellant
Versus
State Of Assam Rep. By The Chief Secretary To The Govt. Of Assam, Forest Deptt., Dispur – Respondent
| Table of Content |
|---|
| 1. petitioners claim rightful possession over patta land. (Para 2 , 3) |
| 2. legal arguments against the eviction notice without proper identification. (Para 4) |
| 3. respondents argue for the process undertaken regarding encroachments. (Para 5 , 6) |
| 4. insufficient notice details violate natural justice principles. (Para 8 , 16 , 17) |
| 5. eviction procedures must comply with previous judicial guidelines. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 18 , 20) |
| 6. interference permissible but must follow due process in eviction. (Para 19 , 21) |
| 7. writ petition disposed; parties to bear their own costs. (Para 22) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. S.K. Ghosh, learned counsel for the petitioners. Also heard Mr. D. Gogoi, learned standing counsel for the respondents in the Forest Department and Ms. N. Bordoloi, learned standing counsel for the respondent in the Revenue Department.
2. This writ petition, under Article 226 of the Constitution of India, has been preferred by 26 (twenty six) writ petitioners, raising a grievance that the respondents in the State Government have sought to initiate an eviction process against the petitioners by issuing a general notice of eviction on 01.10.2022.
Eviction of encroachers from reserved forest land requires lawful notice detailing specific land claims and adherence to principles of natural justice.
Point of Law : Illegal occupants/encroachers are not entitled to any prior notice.
Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.
The court upheld eviction notices from Reserve Forest land, affirming the authority of the Divisional Forest Officer and denying compensation claims under the LARR Act due to illegal encroachment.
Illegal encroachment of forest land leads to loss of forest cover; legal actions initiated against encroachers under applicable forest laws.
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.
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