Eviction notices must be issued based on lawful verification by Revenue Officers, ensuring procedural fairness under Articles 14 and 21 of the Constitution.

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 the indigenous people of Assam, the local inhabitants of Haluwa NC Gaon under Kaziranga Mouza handed over additionally 6 bighas 1 kathas 12 lechas of land bearing Dag No.398 and 176 and the petitioner Society thereupon had spread its Orchid Park in a total area of 28 bighas 1 katha 18 lechas. Taking into account that the land in question i.e. 6 bighas 1 katha 12 lechas of land covered by Dag No.398 and 176 of Haluwa NC Gaon under Kaziranga Mouza was a Government land, the petitioner Society sought for allotment of the said land so that the entire 28 bighas 1 katha 18 lechas wherein the petitioner’s Orchid Park is spread out can be retained. In that regard, the petitioner Society has submitted an application on 22.05.2018 which the petitioner Society claims that the same is pending.

4. Be that as it may to the shock and surprise of the petitioner Society a notice dated 05.07.2018 was issued by the respondent No.4 whereby the petitioner Society was asked to vacate the plot of land within 7(seven) days, failing which the petitioner Society would be evicted from the said plot of land as per law. The petitioner Society, accordingly, challenged the said notice dated 05.07.2018 by filing the instant writ petition on 09.07.2018.

5. The record reveals that this Court vide a detailed order dated 11.07.2018 issued notice and further stayed the impugned notice dated 05.07.2018 until further orders. The record further reveals that the respondent No.2 had filed an affidavit-in-opposition on 27.07.2020 and the petitioner had also filed a reply thereagainst on 18.08.2025.

6. The question which arises before this Court, therefore, in the present facts is as to whether the notice dated 05.07.2018 can be sustained in law. The impugned notice dated 05.07.2018 is in vernacular and the same has been translated. Both the parties herein agree that the translation so made is an accurate translation. Accordingly, the translated notice dated 05.07.2018 is reproduced hereinunder:

This is for your information that from the report of the field verification conducted on the basis of the letter dated 20-08-2018 issued by the Officer-in-Charge, Bokakhat Police Station it is shown that you have been illegally occupying a plot of land measuring 6 Bighas 1 Katha 12 Lechas in addition to the allotted land in the name of Kaziranga National Orchid Park. In this regard, vide letter No.B.R.S.24/2016/42 dated 19-06-2018 issued by the Sub-Divisional Officer and letter No.43/2016/81 dated 8/06/2018 issue