Proper Notice Under Section 18 Assam Land & Revenue Regulation Mandatory Before Evicting Occupants From Govt Land: Gauhati High Court
The Gauhati High Court has clarified that where persons are in illegal occupation of Government land, and the authorities seek to make the land encroachment-free, a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886 must be issued.Justice Sanjay Kumar Medhi, presiding over the case, observed, “...it appears that the petitioners are in possession of certain lands...
The Gauhati High Court has clarified that where persons are in illegal occupation of Government land, and the authorities seek to make the land encroachment-free, a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886 must be issued.
Justice Sanjay Kumar Medhi, presiding over the case, observed, “...it appears that the petitioners are in possession of certain lands which are admittedly government land. The notice which was issued earlier has been perused and the said notice is only on the aspect of production of documents of allotment which, if not done would lead cancellation of the allotment.”
“Though a contention has been advanced that such notice may be construed to be a notice under Rule 18, this Court is of the view that to ensure transparency and fairness, a proper notice under Section 18 is required to be issued to the incumbents who are in illegal occupation and possession of Government land if there is a requirement to make such land encroachment free,” Justice Medhi added.
The ruling was made in two connected writ petitions, which were filed by individuals who claimed that they had been rehabilitated on the subject land after being displaced by floods in 1950, allegedly under the Assam Land (Requisition and Acquisition) Rules, 1950. They asserted long-standing possession and payment of revenue, and challenged notices calling upon them to produce allotment documents, contending that eviction could not be initiated without following statutory procedure.
After examining the materials, the Court observed, “In a proceeding under Article 226 of the Constitution of India, this Court has to adjudicate a matter on the basis of pleadings supported by an affidavit and the relevant documents, duly verified are to be placed before this Court. The respondents are at liberty to refute any such pleadings and also question the veracity of the documents which appears to have been done in all the three cases by the respondents.”
“As noted above, the petitioners chose not to file any rejoinder affidavit to the affidavit-in-opposition and also did not take any steps to bring on record the original copies or even photocopy thereof to substantiate their claim. In that view of the matter, it becomes difficult for this Court to accept the projection that lands were indeed allotted to the petitioners in terms of the Rules of 1950,” the Court added.
In view of the above, the Court said that the respondent authorities would have the liberty to initiate a process for eviction strictly in accordance with law and the principles laid down by the in the case of Md. Salak Uddin vs State of Assam and Ors. reported in 2024 (4) GLT 859.
Case Title: Mahim Chandra Nath and 9 Others v. State of Assam and Others
Case No.: WP(C) No. 6485 of 2014