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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Faizul Hoque S/o Saha Ali – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. introduction to the case details and parties involved. (Para 1 , 2) |
| 2. petitioners' claim and allegations against eviction notice. (Para 3 , 4 , 5) |
| 3. court's considerations and hearings regarding submissions. (Para 6 , 8 , 9) |
| 4. analysis of relevant policies on land allotment. (Para 10 , 11 , 12) |
| 5. supreme court directions regarding eviction procedures. (Para 13 , 14) |
| 6. clarification of petitioners’ rights and procedures for representation. (Para 15 , 16 , 17 , 18) |
| 7. court order regarding petitioners' representation and hearing procedure. (Para 19 , 20) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 2 to 5.
2. The present petition has been filed by the Petitioners against an action initiated by the District Administration for evicting the Petitioners on the ground that the land in question under the occupation of the Petitioners are Village Grazing Reserve lands.
3. The facts of the instant case
Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.
Rights for land allotment must align with governmental policies and regulations, specifically regarding Village Grazing Reserves, which are not subject to allocation except under defined exceptional ....
The court affirmed the right to representation regarding land status and emphasized adherence to due process for eviction from Village Grazing Reserves, referencing the Assam Land Policy and Supreme ....
Parties have the right to claim allotment over government waste lands, and eviction requires clear statutory acknowledgment of grazing reserve status.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Eviction notices issued without proper adjudication violated natural justice; treated as Show Cause Notices allowing Petitioners to present their claims and receive a personal hearing.
The court ruled that eviction notices must adhere to principles of natural justice, requiring prior notice and an opportunity for affected parties to present their case.
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