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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Eastern Karbi Anglong College – Appellant
Versus
State Of Assam And Ors. Represented By The Commissioner And Secretary To The Government Of Assam, Revenue And Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. relief sought for eviction of illegal encroachers (Para 2 , 3 , 4 , 5) |
| 2. petitioner's bonafide efforts to address encroachment (Para 6 , 14 , 15 , 16) |
| 3. court's view on procedural delays and public interest (Para 8 , 17 , 18 , 19 , 20 , 21) |
| 4. arguments from respondents regarding delays and conditions (Para 10 , 11 , 12 , 13) |
| 5. order to enforce eviction and reimbursement (Para 22 , 23) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Heard Shri. M. Mahanta, learned counsel for the petitioner. Also heard Shri. N. Das, learned State counsel; Shri. J. Chutia, learned Standing Counsel, KAAC; Ms. G. Hazarika, learned Standing Counsel, Revenue Department and Ms. P.R. Mahanta, learned Standing Counsel, Higher Education Department.
2. It is a matter of astonishment that a college has to approach this Court invoking its extraordinary jurisdiction for making the land allotted to the same encroachment free. The relief claimed in this petition reads as follows :
i) A writ in the nature of Mandamus and/or any other writ, order or direction of like nature should not be issued directing the respondent authorities to take appropriate step(s) forthwith to evict the illegal encroachers from the land b
The High Court affirmed the necessity of evicting illegal encroachers from college land, emphasizing public interest and condemning procedural delays by the authorities.
Encroachers cannot claim rights over public lands designated for governmental purposes; repeated litigations on this issue are discouraged to prevent court congestion.
The court emphasized the necessity for due process in determining land settlement requests, particularly when a private school has operated on disputed land for decades, balancing community education....
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
The main legal point established in the judgment is that mere possession of property does not establish a claim of title by adverse possession. The possessor must demonstrate open, peaceful, continuo....
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
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