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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Kaziranga Jatiyo Orchid Aru Joiba Boi Chitra Udyan Samabai Samiti Ltd. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. S Dey, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. R Barpujari, the learned Standing Counsel, Revenue and Disaster Management Department, who appears on behalf of all the respondents.
2. The present writ petition has been filed by the petitioner challenging the notice dated 05.07.2018 bearing No.B.K.C.41/2013/1093 issued by the respondent No.4
3. The brief facts of the instant case as would be apparent from the perusal of the materials on record is that the petitioner herein is a Cooperative Society which is operating the Kaziranga National Orchid and Biodiversity Park (hereinafter to be referred to as the ‘Orchid Park’). The said Orchid Park is spread across an area of 28 bighas, 1 katha, 18 lechas of land at Durgapur village. Initially when the Orchid Park was established, an area of land ad measuring 22 bighas 2 kathas 10 lechas under Dag No.171/398/175/232/233/283 of Haluwa NC Gaon under Kaziranga Mouza was allotted to the petitioner society. It is the further case of the petitioner solely that taking into account that the petitioner Society seeks to conserve and preserve the rich culture and tradition of
Eviction notices must be issued based on lawful verification by Revenue Officers, ensuring procedural fairness under Articles 14 and 21 of the Constitution.
Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
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....
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.
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 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 issued without proper adjudication violated natural justice; treated as Show Cause Notices allowing Petitioners to present their claims and receive a personal hearing.
Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.
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