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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Gias Uddin Ahmed S/O Late Omar Ali – Appellant
Versus
State of Assam Represented By The Commissioner And Secretary To The Govt. of Assam, Revenue And Dm Dept. – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. R. Alom, the learned counsel appearing on behalf of the petitioners. Ms. P. R. Mahanta, the learned counsel appears on behalf of the respondent No.1 and Mr. N. Goswami, the learned Government Advocate appears on behalf of the Respondent Nos.2 & 3.
2. Thirteen (13) writ petitioners have joined together to file the instant writ petition complaining about various notices issued by the Respondent No.3 which have been collectively enclosed to the writ petition as Anenxure-14.
3. The Petitioners herein claim that they are in possession of various small plots of land at village Paschim Boragaon in the District of Kamrup (M).
4. The possession of the Petitioners over these lands is through land sale agreement entered into with original pattadars and have been under control and care of the Petitioners for several years. It is therefore the case of the Petitioners that it is not a case that the Petitioners are encroachers but they are in settled possession upon permissions being granted by the original pattadars. Be that as it may, it is also an admitted fact as would be seen from the Paragraph No.5 of the writ petition that the Petitioners have applied fo
The court ruled that eviction notices must adhere to principles of natural justice, requiring prior notice and an opportunity for affected parties to present their case.
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.
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 without proper adjudication and notice violates principles of natural justice, requiring opportunities for representation and personal hearings in the context of government land occupation.
Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
The court emphasized due process and natural justice in eviction cases relating to government land, mandating opportunities for representation and personal hearings before eviction can proceed.
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.
The court ruled that eviction without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Eviction notices must be issued based on lawful verification by Revenue Officers, ensuring procedural fairness under Articles 14 and 21 of the Constitution.
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