The court upheld the eviction orders based on established ownership of land by the authorities and the petitioners' admission of unauthorized occupation, affirming the procedural compliance under the Public Premises Act.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. L.N Dihingia, learned counsel for the petitioners. Also heard Mr. D Chaliha, learned counsel appearing for respondent Nos. 2 & 7 and Mr. N Deka, learned counsel appearing for the respondent No. 3.

2. The petitioners, by way of instituting the present Writ Petition, has presented a challenge to orders dated 02.06.2023, passed by the Estate Officer, Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL) i.e. the respondent No. 7, directing the petitioners to vacate the plots of land under their possession.

3. The petitioners, in the Writ Petition, have projected that they were in occupation of Government lands since 1982 without any objection from any quarter. It is also projected that the petitioners were paying land revenue, since the date of their occupation of the said lands, to the Government. The petitioners also further contend that the government authorities had also provided facilities like electricity connection, water supply, Ration Card, house number etc. to the premises occupied by the petitioners and accordingly, it is contended that the petitioners were permissive occupiers of the plot of land in their possession.

The petitioners contend that the land under their possession, covered by dag no. 74, does not belong to Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL). It is projected that a dispute had arisen between the Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL) and Assam Petrochemicals Ltd. (APL), with regard to a plot of land measuring 326 bighas 3 kathas and 10 lechas. The said dispute had resulted in institution of Writ Petition being WP(C) No. 2053/2011 by the Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL).

It is contended that during the pendency of the said proceedings, Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL) had taken steps to hand over the left out portion of land to APL authorities and the matter was amicably settled. It is contended by the petitioners that in the proceedings of WP(C) No. 2053/2011, there was no contentions raised that the land under the possession of the petitioners, covered by dag No. 74, also belongs to Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL).

It is in the said background that the petitioners contend that the eviction proceedings, instituted in the matter, by the Estate Officer of Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL), is to be viewed.

4. The Manager, Administration, Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL) filed petitions before the Estate Officer, Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL), praying for eviction of unauthorized occupants or dependants or their representatives from land covered by dag no. 74, Periodic patta no. 5 of Namrup Town, Part-V, Jaipur Mouza, Naharkatia Revenue Circle, Dibrugarh District. Accordingly, the said complaints came to be registered as Eviction Case Nos. 25/2021, 27/2021, 30/2021, 33/2021, 34/2021, 35/2021, 36/2021, 38/2021, 39/2021, 41/2021 and 42/2021. The petitioners contend that in the said proceedings, there was no categorical statement made that the land under their possession covered by dag no. 74, belonged to the Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL). In spite of the said position, it is contended that the Estate Officer, Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL), proceeded to take cognizance of the complaints and issued notices to the petitioners, herein.

5. It is projected that o