ORDER

Date : 22-11-2023 These three writ petitions are taken up together taking into account the common issues involved therein.

2. The petitioners in these three writ petitions claim to be erosion affected persons and they had been occupying Government land covered by Dag Nos. 282 and

632 of Jania Revenue village under Jania Mouza within Baghbar Revenue Circle. The petitioners herein are aggrieved by the action of the Sub-Divisional Land Advisory Committee in recommending allotment of the aforesaid land covered by Dag No. 632 in favour of respondent No. 5, situated at village Jania under Jania Mouza within Baghbar Revenue Circle. It is the admitted fact that neither the petitioners herein nor the private respondent No. 5 have been granted settlement of the land in question. It is only that recommendation was made by the Sub-Divisional Land Advisory Committee in favour of the private respondent No. 5.

3. On 15.11.2023, when the matter was placed before this Court, this Court took note of the instructions dated 18.05.2022, issued by the Deputy Commissioner, Barpeta, wherein it was mentioned that land under Dag Nos. 282 and 632 of Jania village, under Jania Mouza within Baghbar Revenue Circle is reserved land (VGR). It was also mentioned that the Sub-Divisional Land Advisory Committee, in its meeting held on 06.11.2002 had recommended for allotment of land measuring 39 Bighas covered by Dag No. 282 and 632 of Jania Revenue village under Baghbar Revenue Circle to the people affected by the erosion caused by the Beki river. Further to that, it was also mentioned that as per the report of the Circle Officer, Baghbar Revenue Circle, the land covered by Dag No. 232 is Periodic Patta land, but the 16 Bighas of land covered by Dag No. 282 of Jania village was recommended for allotment to the families affected by the erosion caused by Beki river. This Court, taking note of the aforesaid instructions dated 18.05.2022, sought for further instructions from the respondent authorities to the effect as to how the land meant for Village Grazing Reserve (VGR) can be allotted or settled unless such land is de-reserved. This specific instruction was sought for in view of the judgment rendered by the Hon’ble Supreme Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors., reported in (2011) 11 SCC 396, wherein it has been categorically observed by the Hon’ble Supreme Court that reserved land cannot be settled except for public purposes.

4. Today, when the matter was taken up, Ms. M. Barman, learned counsel appearing on behalf of the Deputy Commissioner, Barpeta, has placed before this Court a communication/written instructions dated 20.11.2023, issued by the Deputy Commissioner, Barpeta and has submitted that the land covered by Dag Nos. 282 and 632 of Jania revenue Mouza, which had been recommended on 06.11.2002 by the Sub-Divisional Land Advisory Committee for allotment to the families affected by the erosion of Beki river, is in fact the land reserved as VGR. However, no process for de- reservation of the said land seems to have been initiated till date. The said written instructions/ communication dated 20.11.2023 is kept on record and marked with the letter “Y”.

5. This Court also finds it relevant to take into account Clause-6 of the Land Policy, 2019 of the Government of Assam, which deals with Village Grazing Reserve (VGR) and Professional Grazing Reserve (PGR) and other reserved land, which is reproduced herein-below:

6. Village Grazing Reserve (VGR) and Professional Grazing Reserve (PGR) and other reserved land:

6.1. Deputy Commissioners shall make necessary endeavour to preserve the existing V.G.Rs and P.G.Rs for use by the members of the public for the purpose for which those were constituted and encroachment on V.G.Rs and P.G.Rs if any, will be removed. Henceforth, the land under V.G.Rs and P.G.Rs will not be further decreased by way of de-reservation and allotment etc. except for public purposes under special circumstances as d