ORDER

17.11.2022 Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioners. Mr.

R. Borpujari, learned counsel appears for the respondent No. 4, Mr. S. Chamaria, learned counsel appears for the respondent No. 2 and Mr. M. Chetia, learned counsel appears for the respondent Nos. 1 & 3.

2. Mr. K.N. Choudhury, learned Senior counsel for the petitioners submits that the petitioners are landless persons, who are residing in the city of Guwahati for their livelihood and who not are able to purchase any land. He submits that the petitioners are residing on Government land for a long period of time. However, the petitioners have been issued eviction notices dated 10.11.2022 by the respondent No. 4, asking them to vacate their occupied plots of land within 3 (three) days from the date of receipt of the notices or else, a lawful eviction drive would carried out. As such, the petitioners have prayed for setting aside the eviction notices and the action proposed to be taken pursuance to the eviction notices.

3. The petitioners counsel submits that unless this Court intervenes, the petitioners and their families’ live and livelihood would be greatly affected. The petitioners counsel submits that this Court had disposed of a similar case i.e., W.P(C) No. 7152/2022. He therefore prays that a similar direction may be passed in this case also.

4. The petitioners’ counsel submits that in terms of Clause 14.2, 14.3 and 14.4 of the Land Policy-2019 made by the Government of Assam, an indigenous person, who has no land in his name or in the name of his family in the State, may be eligible to get land in Guwahati city or in the urban area, provided they are eligible for the same and they have been in continuous occupation of Government land since or prior to 28th June, 2001, with the further condition that they have applied for it.

5. The petitioners’ counsel further submits that the notice for eviction dated 01.11.2022 issued by the respondent No. 4, having been issued on the directions of this Court in PIL (Suo Moto) No. 10/2018 and also in accordance with the Land and Revenue Act, the petitioners had approached the Division Bench of this Court by way of I.A.(Civil) No. 3206/2022. The Division Bench, vide Order dated 07.11.2022 passed in I.A.(Civil) No. 3206/2022, impleaded the petitioners as party respondents in PIL (Suo Moto) No. 10/2018. However, the Division Bench in its Order dated 07.11.2022, had given liberty to the petitioners to approach this Court in appropriate proceedings, with respect to the question of their individual rights, while observing that pendency of the PIL would not affect the rights of each individual petitioner.

6. The petitioners’ counsel submits that the eviction notice dated 01.11.2022 should be set aside and no action should be taken on the basis of the eviction notice. Further, a direction should be issued to the respondents to settle the occupied land with the petitioners, by allowing them to file applications for their respective plots of land under their occupation.

7. The learned counsels for the respondents submit that the petitioners are illegal occupants of Government land and as there was a vast area of Government land in Kamrup Metro District under encroachment, PIL (Suo Moto) No. 10/2018 had been taken up by the Division Bench of this Court. They submit that it was on the basis of the PIL (Suo Moto) No. 10/2018 taken up by the Division Bench of this Court that a report had been made by the State Government, with regard to illegal encroachment of Government land by numerous persons, including the petitioners. The fact that the removal of encroachers and illegal settlement was to be made by the State Government was known to the Division Bench of this Court and the same was also recorded in the Order dated 31.03.2021 issued by the Division Bench of this Court in PIL (Suo Moto) No. 10/2018.

8. The learned counsels for the respondents also submit that the question of consideration of settlement of Government