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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
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 as it emerges from the perusal of the writ petition are that the Petitioners claim that they are landless, erosion and flood affected people who are residing in the village Belguri Kacharigaon under Samaguri Revenue Circle, in the District of Nagaon for the last 50-60 years. They expected that the authorities considering their plight would grant allotment of land to them. Be that as it may, nothing is mentioned that they have applied for allotment of land by filing any application.
4. It is the case of the Petitioners that on 03.12.2025, the Respondent Authorities by usi
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.
Rule 95A of Grazing Rules which reads as if at any time Deputy Commissioner is of opinion that a village grazing ground constituted under foregoing rules is wholly or in part not needed for purpose f....
Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
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