Md. Taleb Ali and 13 Ors v. The State of Assam and 5 Ors

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

¶2The 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 Page No.# 7/10 632 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.

¶3On 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.

¶4Today, when the matter was taken up, Ms. M. Barman, learned counsel Page No.# 8/10 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".

¶5This 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:

¶6Village 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 defined by judicial pronouncements.

6.2. A block of Government land ranging from 5 (five) Bighas to 15 (fifteen) Bighas, subject to availability in each village should be reserved as an open space for environmental/ecological purposes and be kept free from encroachment/allotment/settlement or any form of transfer.

6.3. Play ground, and other open place suitable for play ground and Park in rural areas will be preserved for maintenance of ecological balance/environment as well as other public purposes. Appropriate measures for maintenance/upkeep of such gardens and open places shall also be provided for deriving the optimal utility/benefits from such public facilities.

6.4. Deputy Commissioners shall ensure creation of a data base in the Page No.# 9/10 form of Village Land Bank for all such reserved land and keep strict vigilance towards its protection and preservation.

6.5. Deputy Commissioners shall ensure that the wet lands remain free from encroachment and that the natural water channels which function as natural drainage are marked by the Land Record Staff in the village map and note to that effect shall be recorded in the remark column of field index register (Chitha). Further, Deputy Commissioners shall not change the class of wet land in the land records without prior approval from the Government."

¶5From a perusal of the above-quoted Clause-6 as well as its Sub-clauses, it reveals that the land under the V.G.Rs and P.G.Rs would not further be decreased by way of de-reservation or allotment etc. except for public purposes under special circumstances as defined by judicial pronouncements. In view of the land policy of the Government of Assam, being the Land Policy, 2019 as well as the judgment rendered by the Hon'ble Supreme Court in the case of Jagpal Singh (supra), the land in question, which have been specifically reserved as Village Grazing Reserve, in the opinion of this Court, cannot be settled in favour of either the petitioners or the private respondent No. 5. Under such circumstances, this Court is of the opinion that no writ can be issued directing the respondent authorities to consider settlement of the land in question in favour of the petitioners. This Court, therefore, sets aside and quashes the recommendations so made in favour of the private respondent No. 5 for settlement of the land covered by Dag No. 632. Be that as it may, this Court, taking into account that the petitioners herein are the families affected by the erosion of Beki river and also that the respondent No. 5 is running a school since the year 2000, grants opportunity to both the petitioners as well as the respondent No. 5 to file appropriate application to the authority concerned, within a period of 30 days from today, seeking settlement of other waste land of the Government of Assam. This Court further directs the revenue authorities as well as the Deputy Commissioner, Barpeta, to consider the application(s) to be filed by the petitioners as well as the respondent No. 5 seeking settlement as per the Land Policy, 2019 and keeping in view that the Page No.# 10/10 petitioners herein are erosion affected families and the respondent No. 5 is running a school. It is made clear that if the petitioners as well as the respondent No. 5 file application(s), within 30 days from today seeking allotment of other waste lands of the Government of Assam, the petitioners as well as the respondent No. 5 shall not be evicted from the present occupation till disposal of their applications for settlement.

¶6With the above observations and directions, the writ petitions stand disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/10 GAHC010027752015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7629/2015o MD.oTALEBoALIoando13oORS.o S/OoLT.oWAZEDoALI,oVILL.oDAUKMARI,oP.O.oJANIA,oPIN-781314,oDIST-o BARPETA,oASSAM 2:oSOBAHANoALI oS/OoLT.oRAHMANoALI oVILL.oDAUKMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 3:oATOWARoRAHMAN oS/OoLT.oMUNGLAoMIA oVILL.oJANIA oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 4:oSAIFULoISLAM oS/OoLT.oGANIoMIA oVILL.oDAUKMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 5:oMONOWARoHUSSAIN oS/OoLT.oABUoMIA oVILL.oJANIA oP.O.oJANIA oPIN-781314 oDIST-oBARPETA PageoNo.#o2/10 oASSAM 6:oAKKESoALI oS/OoLT.oWAZEDoALI oVILL.oDAUKMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 7:oFALUoMIA oS/OoLT.oJONGSHERoALI oVILL.oDAUKAMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 8:oSAMSULoHAQUE oS/OoABDUSoSUBAHANoALI oVILL.oJANIA oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 9:oABDULoKHALEQUE oS/OoLT.oSAHJAHANoALI oVILL.oDAKUAMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 10:oTARAoMIA oS/OoLT.oOMARoALI oVILL.oDAUKMARI oP.O.oJANIA oPIN-781314 oDIST-oBARPETA oASSAM 11:oMATIORoRAHMAN oS/OoLT.oMUNGLAoMIA oVILL.oJANIA oP.O.oJANIA oPIN-781314 oDIST-oBARPETA Page No.# 3/10 ASSAM 12: RAJAB ALI S/O LT. RAHMAN ALI P.O. JANIA PIN-781314 DIST- BARPETA ASSAM 13: SAHJAHAN ALI S/O LT. MUNNAF ALI VILL. DAUKAMARI P.O. JANIA PIN-781314 DIST- BARPETA ASSAM 14: FULCHAN MIA S/O LT. JONGSHER ALI VILL. DAUKMARI P.O. JANIA PIN-781314 DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY ITS COMMISSIONER and SECY., REVENUE and SETTLEMENT DEPTT., DISPUR, GHY-6 2:THE DIRECTOR MADRASSA EDUCATION ASSAM KAHILIPARA GHY-19 3:DY. COMMISSIONER BARPETA P.O. and DIST- BARPETA ASSAM PIN-781301 4:THE CIRCLE OFFICER BAGHBAR REVENUE CIRCLE MONDIA P.O. MONDIA DIST- BARPETA Page No.# 4/10 ASSAM 5:MANAGING COMMITTEE JANIA ANCHALIK SENIOR MADRASSA VILL. and P.O. JANIA PIN-781314 DIST- BARPETA ASSAM 6:AYNAL HAQUE CHAUDHURY PRINCIPAL DAPUN JATIYA VIDDALAYA VILL. and P.O. JANIA PIN-781314 DIST- BARPETA ASSA Advocate for the Petitioner : MRK BHUYAN Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/2893/2016 HAMID ALI and 7 ORS. S/O- LT. ABDUL HAI VILL.- JANIA. 2: ASHED ALI S/O- LT. WAZED ALI VILL.- DAUKMARI. 3: KHALILUR RAHMAN S/O- LT. INNAS ALI VILL.- DAUKMARI. 4: JAKIR HUSSAIN S/O- SOBHAN ALI VILL.- DAUKMARI 5: TOTA MIA S/O- LT. ISMAIL VILL.- SOTIRPATHAR Page No.# 5/10 6: RAHMAT ALI S/O- LT. DAGU MIA VILL.- DAUKMARI 7: MANIK ALI S/O- LT. WAZED ALI VILL.- DAUKMARI 8: JAMIR ALI S/O- SAMSUL HAQUE VILL.- DAUKMARI ALL ARE UNDER P.O.- JANIA DIS.- BARPETA ASSAM PIN- 781314. VERSUS THE STATE OF ASSAM and 5 ORS. REP. BY ITS COMMISSIONER AND SECY. REVENUE and SETTLEMENT DEPTT. DISPUR GHY- 6. 2:THE DIRECTOR MADRASSA EDUCATION KAHILIPARA GHY- 19. 3:THE DY. COMMISSIONER BARPETA P.O. and DIST.- BARPETA ASSAM PIN- 781301. 4:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MONDIA DIST.- BARPETA ASSAM PIN- 781301. 5:THE MANAGING COMMITTEE JANIA ANCHALIK SENIOR MADRASSA VILL. and P.O.- JANIA DIST.- BARPETA ASSAM PIN- 781314. 6:AYNAL HAQUE CHOUDHURY PRINCIPAL DAPUN JATIA VIDYALAYA VILL. and P.O.- JANIA Page No.# 6/10 DIST.- BARPETA ASSAM PIN- 781314. ------------ Advocate for : MR.A A AL-AMAN Advocate for : MR. B SINHA (PRIVATE RESPONDENT) appearing for THE STATE OF ASSAM and 5 ORS. Linked Case : WP(C)/2870/2016 BADSHA ALAM and 32 ORS. S/O. LT. WAJUDDIN VILL. DAUKAMARI VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY ITS COMM. and SECY. REVENUE and SETTLEMENT DEPTT. DISPUR GHY.-06. ------------ Advocate for : MR.A S AHMED Advocate for : SC SECONDARY EDUCATIONR-2 appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH