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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Hajrat Ali S/O Late Patu Molla – Appellant
Versus
State Of Assam Represented By The Secretary To The Govt. Of Assam, Revenue And Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. petitioners' long-term possession and claims over the land. (Para 2 , 3 , 4 , 5) |
| 2. liability of government to adjudicate before eviction. (Para 6 , 8) |
| 3. government's arguments on land ownership claims. (Para 9 , 10) |
| 4. legal framework of land occupancy without permission. (Para 11 , 12 , 13) |
| 5. necessity of notice for eviction proceedings. (Para 14 , 17) |
| 6. right to be heard before eviction. (Para 18 , 19) |
| 7. directive to treat notices as show cause notices. (Para 20) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. K. K. Mahanta, the learned Senior counsel assisted by Mr. M. Ali, the learned counsel appearing on behalf of the Petitioners and Mr. B. J. Talukdar, the learned Senior Government Advocate appearing on behalf of the Respondent Nos. 2, 3, 4, 5 and 6. I have also heard Mrs. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.1.
2. Two hundred sixteen (216) writ petitioners have joined together to file the instant writ petition complaining about various notices issued by the Respondent No.6 which have been collectively enclosed to the writ petition as Anenxure-8 (series).
3. The Petitioners herein claim that they are in possession of vario
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.
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 notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.
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 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 without a hearing violates the principles of natural justice and Article 21 of the Constitution.
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
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