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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Ramayan Yadav S/O- Dev Charan Yadav – Appellant
Versus
State Of Assam Rep By The Secretary Land And Revenue Disaster Mangement – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. R. P. Sarmah, learned Senior Counsel assisted by Mr. D. Doley, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. J. Chutia, learned Standing Counsel appearing on behalf of KAAC and Mr. N. Goswami, the learned Government Advocate, appearing on behalf of the State Respondents.
2. The Petitioners 163 in numbers claim to be residents of Kheroni in the District of Karbi Anglong, Assam. The learned counsel for the Petitioners submits that all these Petitioners belong to certain tribal community like Biharis and Gorkha Community and are cattle grazers, daily wage labourers and cultivators. It is the claim of the Petitioners that since 1946-47 their forefathers have been residing in these areas as cultivators and cattle grazers and the Petitioners being their descendants have continued to do so, while the Petitioners have been paying the forest department the necessary charges for grazing permit, and also for the revenue on the lands which they claim to be under their occupation, the Petitioners were surprised to be informed from the Revenue Authorities that they are likely to be evicted in view of notice which was issued as fa
The court emphasized the need for individuals to submit specific claims regarding land occupation, safeguarding against wrongful eviction without due process.
The court established that historical land rights must be respected and due process followed in eviction proceedings under the Assam Land and Revenue Regulation.
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.
Vacating unauthorized occupation from reserved forest must follow fair procedure; statutory rights of occupants must be considered.
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 from reserved forest land must comply with procedural safeguards ensuring fairness and reasonableness as mandated by higher court directives.
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.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
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