Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAUSHIK GOSWAMI
Ram Krishna Dutta – Appellant
Versus
Bimal Phukan @ Bipin Bharali, S/O- Sri Pranab Phukan – Respondent
| Table of Content |
|---|
| 1. overview of the case. (Para 2) |
| 2. arguments on civil liability and criminal cognizance. (Para 3 , 4 , 5 , 6 , 8) |
| 3. court's reasoning on jurisdiction and statutory interpretation. (Para 9 , 10 , 12 , 14 , 15 , 19 , 21 , 23 , 28 , 30) |
| 4. legal framework and interpretation of the act. (Para 11 , 13 , 16 , 17 , 18 , 22 , 24 , 29 , 31) |
| 5. dismissal of the civil revision petition. (Para 32) |
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. S. Dutta, learned counsel appearing for the petitioners. Also heard Mr. S. Khound, learned counsel appearing for the sole respondent.
2. By way of the present civil revision petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 09.01.2024 passed by the learned Additional Sessions Judge, Dibrugarh, acting as the Land Grabbing Tribunal, in Misc. Land Grabbing Case No. 4/2017. By the impugned order, the learned Court below, upon being satisfied that the petitioners/respondents had grabbed the land belonging to the respondent/petitioner within the meaning of Sections 2(d) and 2(e) of the Assam Land Grabbing (Prohibition) Act, 2010 (hereinafter referred to as “the Act of 2010”), proceeded to take cogniza
The Land Grabbing Tribunal can proceed with criminal cognizance under the Assam Land Grabbing Act without determining civil liability first, provided no bona fide dispute regarding property rights is....
It would appear that person who has title or ownership or physical possession over the land, cannot be termed as a land grabber.
The appropriate forum for addressing grievances regarding slow progress of cases before the Special Tribunal is under Article 227 of the Constitution of India, and seeking a direction for expeditious....
The proceedings under the Assam Land (Grabbing) Act are specialized to expedite resolution of land disputes, and judicial interference is unwarranted at interlocutory stages.
Interference in ongoing land grabbing proceedings is premature; the Special Tribunal must follow due process per the Assam Land Grabbing Act to address claims of unlawful land occupation.
The presence of pending civil litigation does not obstruct the initiation of criminal proceedings for cognizable offences, nor does a delay in filing an FIR automatically negate the complainant's rig....
Possession without lawful entitlement constitutes land grabbing; mere long-term possession does not confer legal title under the Assam Land Grabbing Act, 2010.
It is well settled principle of law there is a presumption in favour of constitutionality of a statute. While deciding validity of a statute, it would be endeavour of court to find out the intention ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
