Back
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
| Table of Content |
|---|
| 1. ownership and donation of land. (Para 2 , 3) |
| 2. defense land measurements and requisition processes. (Para 5 , 6) |
| 3. lack of evidence for petitioners' ownership. (Para 7 , 8) |
| 4. dismissal of petition due to merit. (Para 9 , 10) |
| 5. potential for civil suit without prejudice. (Para 11) |
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.
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.
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
