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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Sandukpara Nityabazar Jame Maszid, Represented By Its Secretary Mazibar Rahman – Appellant
Versus
State Of Assam, Represented By The Principal Secretary To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. factual background of land ownership (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioners argue illegal eviction notice (Para 9 , 12) |
| 3. court considers procedural fairness in eviction (Para 10 , 11) |
| 4. supreme court directives on unauthorized encroachments (Para 15 , 16) |
| 5. writ petition is disposed with directions (Para 22) |
JUDGMENT :
Heard Mr. B Purkayastha, the learned counsel appearing on behalf of the petitioners and Ms. N Bordoloi, the learned Standing Counsel, Revenue and Disaster Management Department, who appears on behalf of the respondent No.1; Mr. SS Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3. I have also heard Mr. M Kalita, the learned Standing Counsel, Forest Department, who appears on behalf of the respondent Nos.4, 5 and 6.
3. The petitioner No.1 is Sandukpara Nityabazar Jame Maszid (hereinafter to be referred to as the ‘Mosque’) which is being represented by the petitioner No.2 in the present proceedings. It is the case of the petitioners that the aforesaid Mosque was established 55 years ago by constituting a Management Committee in the year 1980 wherein the people of the locality offer their prayers regularly.
5
Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.
The court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.
Eviction of encroachers from reserved forest land requires lawful notice detailing specific land claims and adherence to principles of natural justice.
The judgment emphasizes that eviction from reserved forest land must adhere to procedural safeguards ensuring fairness, as directed by the Supreme Court.
Vacating unauthorized occupation from reserved forest must follow fair procedure; statutory rights of occupants must be considered.
The court established that evictions in reserved forests must comply with fair procedures as outlined by the Supreme Court, ensuring unauthorized occupants are granted a hearing and proper notice bef....
Eviction from reserved forest land must comply with procedural safeguards ensuring fairness and reasonableness as mandated by higher court directives.
Point of Law : Illegal occupants/encroachers are not entitled to any prior notice.
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