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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Uttam Lal Gupta, S/o. LT. Gopilal Gupta – Appellant
Versus
Union Of India, Rep. By The Secreetary To The Union Of India Ministry Of Defense – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. K. Nath, the learned counsel appearing on behalf of the Petitioners and Mr. S. K. Medhi, the learned CGC appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. J. Handique, the learned Government Advocate appearing on behalf of the Respondent Nos. 3 and 4.
2. It is the case of the Petitioners that the Petitioners are the owners of a plot of land admeasuring 1 Bigha 2 Kathas 3 Lechas at Dag No.06 covered by Kheraj Myadi Patta No.05 at Village Khangar Gaon, under Lumding Mouza in the District of Hojai, Assam.
3. It is further contended by the Petitioners that around 30-35 years back, a plot of land admeasuring 1 Katha 10 Lechas from the land belonging to the Petitioners was donated by the predecessor- in-interest of the Petitioners to the Respondent No.2 for construction of Army Transit Camp at Khangar Gaon (Bighan Pally), Lumding. It is the case of the Petitioners that the Respondent No.2 thereupon trespassed into the remaining lands of the Petitioners for which the Petitioners submitted an application before the Respondent No.4 for carrying out demarcation. Accordingly, a notice dated 06.05.2021 was issued by the Circle Off
Lack of documented ownership by the petitioners precludes their claim for demarcation against established military land possession.
The court emphasized the need for a legitimate claim submission regarding land disputes before taking eviction actions by the relevant authorities.
Land held under patta by a private owner cannot be occupied by government authorities without following lawful acquisition procedures, ensuring property rights are protected.
Land dispute - Disputed questions of fact - Remedy available to the petitioner under the Land Revenue Act for seeking identification and demarcation of the land.
Disputes regarding land possession should be decided by a competent Civil Court. Inaction of the authorities in progressing the proceeding under Section 145 of the Cr.P.C. can be addressed by directi....
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