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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Halal Uddin – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. petition filed against eviction of shop owners. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court directions for representation and hearing. (Para 8 , 14 , 19) |
| 3. vgr lands cannot be allotted; public utility emphasized. (Para 9 , 11 , 12 , 15) |
| 4. right to evict; right to submit representation upheld. (Para 10 , 18) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 2 to 5.
2. The present petition has been filed by the Petitioners against an action initiated by the District Administration for evicting the Petitioners on the ground that the land in question under the occupation of the Petitioners are Village Grazing Reserve lands.
3. The facts of the instant case as it emerges from the perusal of the writ petition are that the Petitioners are the shop owners carrying their respective business over the land belongs to Belguri Natun Bazar, Panjagana Jame Masjid. The said Masjid situated in a plot of land admeasuring 1 Bi
Rights for land allotment must align with governmental policies and regulations, specifically regarding Village Grazing Reserves, which are not subject to allocation except under defined exceptional ....
The court affirmed the right to representation regarding land status and emphasized adherence to due process for eviction from Village Grazing Reserves, referencing the Assam Land Policy and Supreme ....
Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.
Parties have the right to claim allotment over government waste lands, and eviction requires clear statutory acknowledgment of grazing reserve status.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
The court ruled that without a lease agreement and payment of dues, eviction proceedings are justified under the Land Policy of Assam.
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.
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