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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Satya Narayan Singh S/o Late Ram Chandra Singh – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S.P. Roy the learned counsel appearing on behalf of the petitioner. Ms. P.R. Mahanta, the learned Standing Counsel appears on behalf of the respondent No. 1 and Mr. N. Das, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 4.
2. The petitioner herein has assailed the order dated 30.05.2014 passed by the respondent No. 2 and has further sought for directions that the respondents should not prohibit the petitioner from operating the brick kiln pursuant to the consent to operate dated 12.02.2014 issued by the Pollution Control Board, Assam.
3. It is the case of the petitioner that he is in possession and occupation of a plot of land admeasuring 35 Bighas 1 Katha 1 Lecha as described in Schedule A to the writ petition wherein the petitioner has been running a Brick Industry in the name and style of M/s Narayan Brick Field for the last 30 years. In addition to that, the petitioner also has a patta land admeasuring 11 Bighas 18 Lechas described in Schedule B to the writ petition, wherein the petitioner has fixed a chimney and brick kiln. The land described in Schedule A to the writ petition is admittedly a Government lan
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
The court ruled that eviction without due process and cancellation of the original agreement is impermissible, emphasizing the need for adherence to legal procedures.
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.
State must ensure procedural fairness in eviction while engaging in individualized assessments for rehabilitation claims under applicable land policies.
The court upheld the eviction of unauthorized occupants from government land reserved for a public hospital but mandated a reassessment of rehabilitation claims for eligible indigenous and landless i....
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Only land which is at the disposal of the Government and as per the Regulation of 1886 the term “Government” would mean the “State Government”
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