The statutory framework mandates that acquired lands in the possession of occupancy tenants or raiyats must be settled with those individuals. Public interest projects must be harmoniously balanced to ensure construction does not infringe upon the established legal rights and possession of such statutory occupants.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

Seven petitioners have joined together in this petition filed under Article 226 of the Constitution of India seeking the following reliefs:

“Under the circumstances stated above it is most humbly prayed that your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the respondents to show cause as to why:-

A) A writ in the nature of certiorari shall not be issued in setting aside and quashing the impugned letter dated 26.10.2018 (Annexure-8) issued by the Deputy Commissioner, Karimganj: district, Karimganj, regarding allotment of the said plots of land in possession of the petitioners, in favour of the Director of Secondary Education, Assam, for establishment of the Govt's college over the said plots of land. and/or;

B) A writ in the nature of mandamus shall not be issued directing the respondent authorities for settlement of the land in possession of the petitioners as tenants under the Makunda Baptist Mid-Mission in Karimganj district in favour of the petitioners under section 15 of the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959, and not to take forcible possession of the land in possession of the petitioners without recourse to the due process of law. and/or;

C) Such further and other orders shall not be passed as your Lordships may deem fit and proper under the facts and circumstances of the case in the interest of justice; and.,

D) To make the Rule absolute on perusal of records and after hearing the parties to the case.

Pending disposal of the Rule issued the respondent authorities may kindly be directed not to evict the petitioners from the land in their possession in pursuant to the impugned letter dated 26.10.2018 (Annexure-8) issued by the Deputy Commissioner, Karimganj district, Karimganj, without recourse to the due process of law.”

2. As per the facts projected, land measuring about 31 bigha, 10 katha, 2 chatak covered by Dag No. 335, 339, 340, 341, 342, 343, 344, 347, 348, 349, 351, 351, 352, 353, 354, 355, 359, 361, 570, 571, 572, and 576, K.P. Patta No. 1 situated at Village and Mouza-Makundarbond originally belonged to the Makund Baptist Mid-Mission in the district of Karimganj and the said land was acquired under the provision of the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 (hereinafter Act). The petitioners claim that their predecessors were in possession of the land as raiyats/tenants under the Makunda Baptist Mid- Mission and were issued khatians in the year 1977 onwards by the Settlement Officer, Karimganj. It is thus claimed that the petitioners were entitled to the settlement of the land in accordance with Section 15 of the Act. The petitioners claim to be in possession of the land since then. However, vide the impugned order dated 26.10.2018 issued by the Deputy Commissioner, Karimganj, necessary approval of the Government was sought for allotment of the land for establishment of a Government Model College. Hence, the present petition.

3. I have heard Shri P.K. Roy, learned Senior Counsel assisted by Ms. S. Dasgupta, learned counsel for the petitioners. I have also heard Shri B.J. Talukdar, learned Senior Counsel and Addl. Sr. Government Advocate, Assam; Shri A. Bhattacharjee, learned Standing Counsel, Revenue Department, Assam and Ms. P.R. Mahanta, learned Standing Counsel, Higher Education Department.

4. Shri Roy, learned Sen