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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Prabin Boro, S/o Late Soneswar Boro – Appellant
Versus
Bodoland Territorial Region Represented By The Principal Secretary – Respondent
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 liveliho
Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.
Unauthorized occupation of public property cannot be justified by claims of fundamental rights; eviction notices against illegal occupants are lawful and valid.
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