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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
| Table of Content |
|---|
| 1. challenge to termination of land license agreement. (Para 2 , 3 , 4) |
| 2. petitioners claim rights and seek rehabilitation. (Para 5 , 8 , 9 , 10 , 11) |
| 3. respondents defend eviction as per license terms. (Para 12 , 13 , 14 , 15) |
| 4. observation on terms of license agreements. (Para 16 , 17 , 18 , 20) |
| 5. court distinguishes current case from others. (Para 22 , 23) |
| 6. no relief granted; petition dismissed. (Para 24 , 25) |
| 7. 30 days granted for the petitioners to vacate. (Para 26 , 27) |
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
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.
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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