Gauhati High Court
Assam Settlement Rules | Authorities Must Consider Individual Claims Before Evicting People From Reserved Land: Gauhati High Court
The Gauhati High Court has held that where a person receives a notice alleging unauthorised occupation of land reserved under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, the competent authority must consider the person's representation and supporting documents and pass an individual speaking order determining the person's status before taking...
Assam Land Policy | Long Possession Of Govt Land Doesn't Confer Right To Settlement: Gauhati High Court
The Gauhati High Court has held that long possession or mere occupation of Government land does not confer any right to obtain settlement of such land under the Assam Land Policy, 2019.Justice Devashis Baruah observed, "This Court also takes note of Clause 14.3 of the Assam Land Policy, 2019 which categorically stipulates that there is no right of the occupier of the land to get settlement...
Gauhati High Court Directs Assam Govt To Hold Silchar Municipal Corporation Elections Within 2 Months
The Gauhati High Court has directed the Assam Government to conduct elections to the Silchar Municipal Corporation expeditiously and preferably within two months, after noting that the revision of electoral rolls had been completed and there was no longer any impediment to holding the polls. Justice Sanjay Kumar Medhi observed: "From the affidavit-in-opposition filed by the...
100% Functional Disability Can Be Awarded Despite 10% Physical Disability If Head Injury Destroys Earning Capacity: Gauhati High Court
The Gauhati High Court has held that 100% functional disability and loss of earning capacity can be assessed despite only 10% permanent physical disability where a head injury renders the victim incapable of gainful employment. Dismissing an appeal filed by Oriental Insurance Company against a compensation award passed by the Motor Accident Claims Tribunal (MACT), Karimganj, Justice Mridul...
Assam Settlement Rules | Revenue Authorities Can't Evict Encroachers From Private Land: Gauhati High Court
The Gauhati High Court has held that the power of ejectment under Rule 18 of the Assam Settlement Rules is confined to the categories of land specified under Rule 18(2) and cannot be exercised in respect of private patta land. [2026 LiveLaw (Gau) 102]Justice Devashis Baruah presiding over the case, held, "It is the opinion of this Court that the power conferred by the Deputy Commissioner or...
Section 21A Registration Act | Land Transfer NOC Must Be Issued Or Rejected By Speaking Order Within 30 Days: Gauhati High Court
The Gauhati High Court has held that Section 21A of the Registration Act, 1908 imposes a statutory mandate upon the jurisdictional Deputy Commissioner to either issue a No Objection Certificate for the transfer of immovable property or pass a speaking order rejecting it with reasons, within thirty days of receiving the application.Justice Manish Choudhury, presiding over the case, held, “It...
Mutation Doesn't Create Or Extinguish Title; Writ Against Cancellation Of Mutation Not Maintainable: Gauhati High Court
The Gauhati High Court has held that a mutation entry does not create or extinguish title over land and that where an order cancelling mutation is appealable under the Assam Land and Revenue Regulation, 1886, the High Court would not entertain a writ petition. Justice Manish Choudhury, presiding over the case, observed, "Mutation of a land in the revenue records does not create or extinguish...
Gauhati High Court Upholds Teacher's POCSO Conviction For Touching Minor's Body With Stethoscope, Pressing Breast & Private Parts
The Gauhati High Court last week upheld the conviction of a school teacher under POCSO Act holding that inappropriately touching a minor's body using a stethoscope, touching her breast, applying ointment on abdomen and touching her private parts on pretext of giving medical examination amounts to sexual harassment.The single judge bench comprising Justice Pranjal Das...
Gauhati High Court Closes PIL Seeking Establishment Of Mizoram State Human Rights Commission After State Constitutes Body
The Gauhati High Court at Aizawl closed a PIL seeking a directions to the Mizoram government to establish State Human Rights Commission, after the government informed that it has appointed the Chairperson as well as two members and that appointment of the staff will be finalised in a short while.This PIL was filed with a prayer to set up the State Human Rights Commission (SHRC) as per...
Gauhati High Court Upholds Entry Permits To Visit Nagaland Districts, Says 150-Year-Old Law Still Valid
The Gauhati High Court has upheld the notifications extending Inner Line Permit to Nagaland's largest city and commercial hub Dimapur, along with Chumoukedima and Niuland districts in the State, holding that Bengal Eastern Frontier Regulation (BEFR) of 1873 continues to remain a valid law under the Constitution.For context, the Inner Line Permit (ILP), which is stated to derive authority...
Amassing Disproportionate Assets Not Relatable To Discharge Of Public Functions; Sanction U/S 17A PC Act Not Needed: Gauhati High Court
The Gauhati High Court has reiterated that prior approval under Section 17A of the Prevention of Corruption Act, 1988 is not required before investigating allegations of disproportionate assets, as such allegations are not relatable to any recommendation made or decision taken by a public servant in the discharge of official functions. [2026 LiveLaw (Gau) 100] Justice Mridul Kumar Kalita...