Petitioners cannot claim permanent possession or rehabilitation as their occupation was based on temporary licenses, subject to termination as per the agreement for public use.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. M. Khataniar, learned counsel for the petitioners. Also heard Mr. M. K. Das, learned Standing Counsel, BTC, for respondent No. 1; Mr. R. K. D. Choudhury, learned DSGI for respondent Nos. 2 & 4; and Mr. D. Bora, learned State Counsel for respondent No. 3.

2. Challenge made in the present proceedings is to the notice of termination of temporary occupation of land license agreement dated 18.01.2024, issued by the Estate Officer, Rangia, N.F. Railway, whereby the petitioners have been directed to vacate the land, remove all materials and buildings and to restore the land to its original state by handing it over to the Northeast Frontier Railway within a period of 30 days from the date of receipt of the notice. The petitioners have also prayed for a direction to frame a separate rehabilitation scheme by providing them with alternative accommodation in other available spaces in and around Tangla Railway Station, in the event they are dispossessed from the plots presently under their occupations.

3. The petitioners, 34 in numbers, claim to be residents of Tangla Town in and around Tangla Railway Station for the last 50-60 years and earning their livelihoods by doing petty businesses. They claims to have under the possession of the land belonging to the North East Frontier Railway by entering into license agreements with the North East Frontier Railway. Upon execution of such agreements, the petitioners were issued licenses for temporary occupation of the land for commercial purposes for different periods. Thereafter, they have been paying the annual license fees from time to time. Some of the petitioners have also applied for transfer of the licenses in their names, as the original licenses were issued in the names of their grandfathers or fathers, which are stated to be pending.

4. The Estate Officer, vide impugned termination notice dated 18.01.2024, directed the petitioners to vacate the land and remove all materials and buildings from the individual plots lease out to them as the land leased out to the petitioners are required for Government of India scheme, namely, the Amrit Bharat Station Scheme.

5. It is the contention of the petitioners that for implementation of the Amrit Bharat Station Scheme, only land within a radius of 200 feet around Tangla Railway Station is required for providing amenities to the passengers. According to the petitioners, their petty shops and residential structures are situated beyond the said 200 feet radius. The petitioners and their ancestors have been residing in the area and running the petty shops for the last 50–60 years, thereby providing daily amenities to railway passengers at affordable rates. It is also contended that the land presently under the possession of the petitioners was a jungle, which was cleared by their forefathers for establishment of Tangla Railway Station. In recognition of the role played by their forefathers, who were the pioneers in clearing the jungle for establishment of Tangla Railway Station, temporary occupation licenses were granted in their favour and license agreements were accordingly executed, pursuant to which the forefathers of the petitioners regularly paid the annual license fees without any default.

6. Some of the petitioners have approached the Civil Court by filing a title suit, being T.S. No. 07 of 2024, along with Misc (J) Case No. 06/2024, seeking an injunction restraining the respondents from disturbing their possession of the land