Omar Ali v. The State of Assam and 6 Ors

O R D E R

31.07.2024

Heard Mr. S. K. Chakma, the learned counsel appearing on behalf of the petitioner and Mr. D. Gogoi, the learned counsel appearing on behalf of the Forest Department of the Government of Assam as well as Mr. S. Dutta, the learned counsel appearing on behalf of the Revenue Department of the Government of Assam. Page No.# 3/3

¶2It is seen that the petitioner herein has assailed the notice issued by the Divisional Forest Officer, Nagaon Wildlife Sub-Division as well as the Deputy Director, Kaziranga Tiger Project, Katimari, Nagaon, Assam whereby notices were issued to the petitioners for eviction from the land under their possession. It has been submitted at the bar that the eviction proceedings have already been carried out and the petitioners have already been evicted.

¶3The learned counsel appearing on behalf of the petitioner submits that the petitioner therefore ought to be rehabilitated by the respondent authorities. No policy however is seen that in case of eviction being carried out from the forest land, the respondent authorities would rehabilitate the petitioner, and as such, the question of the petitioner having legitimate expectation for consideration does not arise.

¶4Be that as it may, if the petitioners are indigenous people of the State of Assam, the petitioners are always be at liberty to apply for allotment/settlement of land in accordance with the Land Policy of 2019.

¶5Under such circumstances, the petitioner, if so advised would be at liberty to apply in terms of the Land Policy of 2019.

¶6In view of the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010029472023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/790/2023o OMARoALIo SONoOFoLATEoABDULoJABBAR,o VILLAGE-oGANESHoTAPU,o P.S.-oJURIA,oSUB-DIVISIONoNAGAON,o DISTRICT-oNAGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoGOVERNMENToOFoASSAM,o DISPUR,oGUWAHATI,oASSAM-06. 2:THEoCOMMISSIONERoANDoSECRETARY oGENERALoADMINISTRATIONoDEPARTMENT oGOVT.oOFoASSAM oDISPUR oGUWAHATI oASSAM-06. 3:THEoCOMMISSIONERoANDoSECRETARYoOFoTHEoGOVT.oOFoASSAM oENVIRONMENToANDoFORESToDEPARTMENT oDISPUR oGUWAHATI oASSAM-06. 4:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToFORCE oASSAM oENVIRONMENToANDoFORESToDEPARTMENT oARANYAoBHAWAN oPANJABARIoROAD oGUWAHATI oASSAM Page No.# 2/3 PIN- 781037. 5:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT F BLOCK 1ST FLOOR ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI-06. 6:THE DEPUTY COMMISSIONER NAGAON P.O.- NAGAON DIST.- NAGAON ASSAM PIN- 782001. 7:THE DIVISIONAL FOREST OFFICER NAGAON WILDLIFE SUB-DIVISION AND DEPUTY DIRECTOR KAZIRANGA TIGER PROJECT KATIMARI NAGAON ASSAM PIN- 782002 For the petitioner (s) : Mr. S. K. Chakma, Advocate For the respondent (s) : Mr. D. Gogoi, SC, Forest Deptt. Mr. S. Dutta, SC, Revenue Deptt. BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH