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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Sanowar Hussain And Anr S/o Dilwar Hussain – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. M. U. Mondal, the learned counsel appearing on behalf of the petitioner. Mr. S. S. Roy, the learned Government Advocate appears on behalf of the respondent Nos.1, 3 & 4. Ms. N. Bordoloi, the learned counsel appears on behalf of the respondent No.2.
2. Two (2) writ petitioners have joined together to file the instant writ petition complaining about the notice issued by the Respondent No.4 which has been enclosed to the writ petition as Annexure-4.
3. The petitioner No.1 is the President and the petitioner No.2 is the Secretary of the Koreya FCI Bazar Jame Masjid established in the year 1990. The petitioners herein claim that the Koreya FCi Bazar Jame Masjid stands on a plot of land at village Koreya Pahar in the District of Bongaigaon.
4. The case of the petitioners herein is that by the Resolution No. 43 dated 10.07.2013, the Sub-Divisional Officer (C), South Salmara, Abhayapuri resolved to allot an area of land measuring 2 kathas 10 lechas, out of total land 2 bighas 4 kathas 15 lechas covered by Dag No. 150 (Part) Village, Koreya Pahar in favour of the President/ Secretary, Koreya Pahar, FCI Masjid Ghar. The extract of the said resolu
The court emphasized due process and natural justice in eviction cases relating to government land, mandating opportunities for representation and personal hearings before eviction can proceed.
Eviction notices pertaining to Government land must respect principles of natural justice, treating them as Show Cause Notices, allowing occupants to present their claims and ensuring personal hearin....
Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
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.
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.
Eviction without proper adjudication and notice violates principles of natural justice, requiring opportunities for representation and personal hearings in the context of government land occupation.
Eviction notices must be issued based on lawful verification by Revenue Officers, ensuring procedural fairness under Articles 14 and 21 of the Constitution.
Eviction notices under Rule 18 of the Assam Land and Revenue Regulations must afford petitioners an opportunity to demonstrate bona fide claims of right, adhering to principles of natural justice.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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