The High Court affirmed the necessity of evicting illegal encroachers from college land, emphasizing public interest and condemning procedural delays by the authorities.

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 belongs to the petitioner college pursuant to the Order dated 12.06.2018 (Annexure - 13) issued by the respondent Karbi Anglong Autonomous Council and the subsequent Order dated 23.08.2018 (Annexure - 15) issued by the respondent Deputy Commissioner; AND/OR,

ii) A writ in the nature of Mandamus should not be issued directing the respondents to give effect and/or implement to the Order dated 23.08.2018 (Annexure - 15) issued by the respondent Deputy Commissioner forthwith and thereby, evict the illegal encroachers from the land belongs to the petitioner college without further delay; AND/OR,

iii) As to why any other appropriate writ, order or direction of similar nature should not be issued so as to give full relief to the petitioner; and upon cause or causes being shown and upon hearing the parties and on perusal of records, may be pleased to make the Rule absolute. Further, to pass such other order or orders as this Hon'ble Court may deem fit and proper and in accordance with law.

3. As per the facts projected, the petitioner is a provincialised college, which was established in the year 1997. The college was allotted 100 Bighas of land vide an order dated 26.03.1998 and the same was followed by handing over possession vide certificate dated 30.03.1998. It has been contended that in the year 2013, the college was provincialised and subsequently, approval was also granted to start the Science stream. The issue in this case which has been indicated above is with regard to the aspect of making the land encroachment free. The land in question contains of 2 (two) Dags, namely, Dag No.171 comprising of 70 Bighas and Dag No.286 comprising of 30 Bighas. When the Principal who was there in the year 2017 had noticed that no concrete steps were taken to remove the encroachment, the authorities in the Karbi Anglong Autonomous Council were approached which led to the Additional Deputy Commissioner to issue a communication dated 18.08.2017 to the Assistant Revenue Officer to take steps for removal of the encroachment.

4. The Revenue Department, KAAC vide communication dated December 2017, had approved the eviction process and on 27.12.2017, an estimate of the cost involved was also made which was Rs.1,41,900/- (Rupees One Lakh Forty- One Thousand Nine Hundred). The Revenue Department thereafter, issued a communication dated 15.03.2018 to the college stating that there was fund crunch and therefore, the estimated cost was to be arranged by the college which however, would be reimbursed. The said communication was reiterated by the Assistant Revenue Officer vide communication dated 17.03.2018, directing the college to deposit the amount. The amount mentioned above was accordingly deposited by the petitioner college vide cheque on 19.03.2018. The authorities had accordi