Jinnat Ara Begum v. The Union of India and 6 Ors

ORDER Date : 24.07.2024

The instant writ petition has been filed by the petitioner challenging the notice dated 28.12.2022 whereby the Junior Engineer Works had directed the petitioner to vacate the railway land on or before 06.01.2023.

¶2It is seen that this Court vide an order dated 06.01.2023 had stayed the said notice on the ground that the same has been done so without following the due process.

¶3I have heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the petitioner and Mr. K.K Parashar, the learned counsel appearing on behalf of the Railways.

¶4This Court duly takes note of that there is a procedure mandated under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for eviction from Public Premises which includes Railway lands.

¶5It has also been brought to the attention of this Court that there is an Estate Officer of the NF Railway.

¶6Under such circumstances this Court finds no reason as to why the Junior Engineer Works had directed the petitioner to vacate the land by the Page No.# 3/3 impugned notice dated 28.12.2022. Accordingly as the said impugned notice dated 28.12.2022 is an exercise of power without following the due process the said impugned notice is interfered with and accordingly set aside.

¶7Before parting with the records, this Court observes that the setting aside of the impugned notice shall not act as an impediment upon the Railway Authorities to take action in terms with the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

¶8With the above observation(s) and direction(s) the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010001492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/21/2023o JINNAToARAoBEGUMo W/O-oNURULoAMIN,o RESIDENToOFoAMINPATTY,o H/NO.-o204,oP.O.-oNAGAON,o P.S.-oNAGAONoSADAR,o DIST.-oNAGAONo(ASSAM). VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo TOoBEoREPRESENTEDoBYoTHEoMINISTRYoOFoRAILWAYS,o GENERALoMANAGER,oNORTHEASToFRONTIERoRAILWAYS,o MALIGAON,oGUWAHATI-11. 2:THEoSENIORoSUB-DIVISIONALoENGINEERoCO-ORDINATOR oNORTHEASToFRONTIERoRAILWAYS oMALIGAON oGUWAHATI-11. 3:THEoSENIORoSECTIONoENGINEERoWORKSo(I/C) oNORTHEASToFRONTIERoRAILWAYS oCHAPARMUKH o DIST.-oNAGAONo(ASSAM). 4:THEoJUNIORoENGINEERoWORKSo(I/C) oNORTHEASToFRONTIERoRAILWAYS oCHAPARMUKH oDIST.-oNAGAONo(ASSAM). 5:THEoDEPUTYoCOMMISSIONER oNAGAON oDISTRICT-oNAGAONo(ASSAM). Page No.# 2/3 6:THE CIRCLE OFFICER NAGAON SADAR CIRCLE DIST. NAGAON (ASSAM). 7:THE OFFICER-IN-CHARGE NAGAON POLICE STATION DIST. NAGAON (ASSAM) Advocate for the petitioner(s) : Mr. A. R Bhuyan Advocate for the respondent(s): Mr. K.K. Parashar BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH