Judgment

1. Heard Ms. S.G. Momin, learned counsel for the petitioners and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned counsel for the respondents.

2. FACTUAL BACKGROUND:-The petitioners had received an impugned Notice dated 06.12.2013 issued by the Superintendent Tura Civil Hospital, West Garo Hills, Tura asking the petitioners to dismantle their houses and vacate the land occupied by them as the land is required for construction of a sewage disposal tank for the Hospital in the interest of public health within a period of 14 (fourteen) days from the date of issue of the said notice. Being aggrieved by this notice, the petitioners filed the present writ petition.

3. It is stated in the writ petition that the petitioners are residing for generations by constructing their houses in the land-in-question. It is also further stated that as per the customary practices of Garo people, lands are divided spatially, which are known as Akhing. The Nokma being the manager of the Akhing, he manages and allots plots of lands to the residents residing within the Akhing. The said right of the Nokma is also recognized by the Garo Hills Autonomous