Heguangsamyile Zanme and 5 Ors v. The North Cachar Hills Autonomous Council and 2 Ors

ORDER Date : 21.08.2023

¶1The instant writ petition has been filed by the Petitioners challenging the notice dated 24.08.2021 issued by the Secretary, Revenue, N.C. Hills Autonomous Council, Haflong and seeking for a direction upon the Respondents not to evict/demolish the house of the Petitioners without following the due process of law.

¶2Mr. R. M. Das, the learned counsel appearing on behalf of the N.C. Hills Page No.# 3/5 Autonomous Council submits that the Revenue Authorities in the N.C. Hills Autonomous Council are aware about the Petitioners' land wherein they have been granted settlement. However, each of the Petitioners have encroached the road side reserved PWD lands which are Government lands by constructing RCC buildings.

¶3This Court finds it relevant to take note of the affidavit-in-opposition filed by the Respondent No.3 wherein at paragraph Nos. 6 to 11, the details pertaining to each of the Petitioners regarding their ownership of the lands in question as well as the encroachment so made by them have been mentioned. The said paragraph Nos. 6 to 11 of the affidavit-in-opposition are reproduced hereinunder: "6. That the deponent begs to state that Petitioner No.1, Smti Heguangsamyile Zanme is holding a plot of land measuring 13 kathas covered under Periodic Patta No. 31, Dag No.3 at New Boro Haflong. She has encroached 12 feet of the P.W.D Road side reserved land which is a Government Land by constructing a RCC Building on the same plot of land.

¶7That the deponent begs to state that the Petitioner no.2, Shri Prodip Singh is holding a plot of land measuring 6 kathas coverd by Periodic Patta No. 703, Dag no. 5/322 at Haflong Town No.1 Mahadevtilla. He has encroached 12 feet of the P.W.D Road side reserved land which is a Government Land by constructing a RCC Shop on the same plot of land.

¶8That the deponent begs to state that the Petitioner No.3, Shri Letjakai Hangsing is holding a plot of land measuring 5 Kathas 8 Chs. covered by Periodic Patta no. 152, Dag no. 220, G.H.T. No.2 at Haflong Town No.II Mahadevtilla. He has encroached 12 feet of the P.W.D Road Page No.# 4/5 side reserved land which is a Government Land by constructing a RCC Building on the same plot of land.

¶9That the deponent begs to state that the Petitioner No.4, Shri Paominlal Hangsing is holding a plot of Land measuring 2 kathas 1 Chs and also extended land of 9 chs covered by Periodic Patta No.153, Dag No.91 GHT No.2 at Haflong Town No.II Mahadevtilla. He has encroached 13 feet of the P.W.D Road side reserved land which is a Government Land by constructing a RCC Building on the said plot of land.

¶10That the deponent begs to state that the Petitioner No.5, Shri Ramyibe Panme is holding a plot of land measuring 4 Kathas 12 Chs covered by Periodic Patta No. 191, Dag No.93/94 G.H.T No.2 at Haflong Town No.II, Mahadevtilla. He has encroached 20 feet of the P.W.D Road Side Reserved Land which is a Government Land by constructing a RCC Building on the said plot of land.

¶11That the deponent begs to state that the Petitioner No.6, Shri Chungpieng Hoala is holding a plot of land measuring 2 Kathas 8 Chs covered by A.K. Patta No.97, Dag No. 69 at Mahadevtilla, Haflong. He has encroached 19 feet of the P.W.D Road Side Reserved Land which is a Government Land by constructing a RCC Building on the same plot of land."

¶4Upon hearing the learned counsels for the parties, this Court is of the opinion that the Respondent Authorities cannot disturb the possession of the Petitioners in respect to their lands which have been settled or allotted to them. However, in respect to the road side reserved lands which are Government lands, the Petitioners have no right to remain in occupation or make any construction thereupon. Under such circumstances, this Court directs the Secretary, Revenue N.C. Hills Autonomous Council, Haflong to carry out a field Page No.# 5/5 verification as to whether the Petitioners are in occupation of the road side reserved Government lands. If it is found that the Petitioners are in occupation of the road side reserved Government lands, the Respondent Authorities shall be at liberty to take such action as per the procedure of law. It is however made clear that the Petitioners' lands which have been settled or allotted to them shall not be disturbed.

¶5The Secretary, Revenue N.C. Hills Autonomous Council, Haflong shall carry out the field verification through the competent Revenue Officials on 28.08.2023 at 10:30 AM. The Petitioners are also directed to remain present on 28.08.2023 at 10:30 AM for the field verification/demarcation. Till such verification/demarcation are completed, the interim order shall continue.

¶6With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010140602021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4477/2021o HEGUANGSAMYILEoZANMEoANDo5oORSo D/OoDEIKIAMLUNGBEoZANMEo RESIDENToOFoMAHADEVoTILLA,o POoHAFLONG,oDISToDIMAoHASAO,o788819 2:oSRIoPRODIPoSINGHA oS/OoLATEoMEGUoSINGHo RESIDENToOFoMAHADEVoTILLA o POoHAFLONG oDISToDIMAoHASAO o788819 3:oSRIoLETJAKAIoHANGSING oS/OoLATEoSOKAMoHANGSINGo RESIDENToOFoMAHADEVoTILLA o POoHAFLONG oDISToDIMAoHASAO o788819 4:oSRIoPAOMINLALoHANGSING oS/OoSOKAMoHANGSINGo RESIDENToOFoMAHADEVoTILLA o POoHAFLONG oDISToDIMAoHASAO o788819 5:oSRIoCHUNGPIENGoHAOLAI oS/OoHENJANGAMoHAOLAIo RESIDENToOFoMAHADEVoTILLA o POoHAFLONG Page No.# 2/5 DIST DIMA HASAO 78881 VERSUS THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND 2 ORS REPRESENTED BY PRINCIPAL SECRETARY (N) HAFLONG, 788819 DIMA HASAO 2:THE PRINCIPAL SECRETARY THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIMA HASAO 788819 3:THE SECRETARY AND REVENUE OFFICER THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIMA HASAO 78881 For the Petitioner(s) : Mr. R. Sensua, Advocate For the Respondent(s) : Mr. R. M. Das, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH