X X X v. In Re - the State of Assam and 4 Ors

ORDER

06.03.2024 (Vijay Bishnoi, CJ)

The Hon'ble Supreme Court of India, in Special Leave to Appeal (Civil) No. 8519/2006 (Union of India & Anr. Vs. State of Gujarat & Ors.) along with other connected writ petitions and contempt petitions, took congnizance of a news Page No.# 3/9 item published in "The Times of India", Ahmedabad, wherein the issue regarding encroachment of public land and unauthorised construction of religious structure on public land in the country was highlighted. Taking cognizance of the same, the Hon'ble Supreme Court passed various orders from time to time and, ultimately, vide order dated 31.01.2018, the Special Leave Petition and other connected writ petitions were remitted to the respective High Courts for ensuring effective implementation of the orders passed by the Hon'ble Supreme Court from time to time. Pursuant to the said order passed by the Hon'ble Supreme Court, this suo moto writ petition was registered. This Court has monitored the situation and has issued various orders from time to time directing the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to ensure implementation of the orders passed by the Hon'ble Supreme Court regarding unauthorised construction of religious structures on public land. Various compliance reports have been filed in this suo moto writ petition from time to time by the respective learned counsel representing the States of Assam, Nagaland, Mizoram and Arunachal Pradesh. Mr. H.K. Das, learned counsel appearing for the Gauhati High Court has produced a comparative chart wherein the steps taken by the States of Assam, Nagaland, Mizoram and Arunachal Pradesh have been highlighted. The said comparative chart is reproduced herein-under: State of Mizoram Sl. District Report submitted by Whether any unauthorized religious construction Aizwal Deputy Commissioner Mamit Deputy Commissioner Page No.# 4/9 Serchhip Deputy Commissioner Lunglei Deputy Commissioner Lawngtlai Deputy Commissioner Kolasib Deputy Commissioner Saitual Deputy Commissioner Hnahthial Deputy Commissioner Saiha Deputy Commissioner Khawzawl Deputy Commissioner Champhai Deputy Commissioner State of Nagaland Sl. . District Report submitted by Whether any unauthorized religious structure Kohima Deputy Commissioner/ Revenue Officer Phek Deputy Commissioner Kiphire Deputy Commissioner Mon Deputy Commissioner Dimapur Deputy Commissioner Wokha Extra Assistant Commissioner Peren Deputy Commissioner Zunheboto Sub-Divisional Officer (Civil) HQ Tuensang Extra Assistant Commissioner 10 Longleng Deputy Commissioner 11 Mokokchung Deputy Commissioner

State of Arunachal Pradesh Sl. District Report submitted by Whether any unauthorized religious structure Lower Siang Deputy Commissioner Longding Deputy Page No.# 5/9 Commissioner Shiyomi Deputy Commissioner Leparada Deputy Commissioner Lower Subansiri Deputy Commissioner Kamle Deputy Commissioner Changlang Deputy Commissioner West Siang Deputy Commissioner Dibang Valley Deputy Commissioner Namsai Deputy Commissioner Kurung Kyume Deputy Commissioner Lower Dibang Valley Deputy Commissioner Siang Deputy Commissioner Papum Pare Joint Verification Committee All the 22 religious structures found correct as per Policy. Itanagar Capital Joint Verification Committee All the 78 religious structure found correct as per Policy. Upper Subansiri Joint Verification Committee All the 13 religious structure found correct as per Policy. East Siang Joint Verification Committee Out of 15 (fifteen) nos. of religious construction, 10 (ten) structures were removed and 5

(five) religious structures were relocated. Pakke Kessang Joint Verification Committee All the 5 religious structures found correct as per Policy . Lohit Joint Verification Committee 2 religious structures recommended for regularization. Tirap Joint Verification All the 15 religious structures Page No.# 6/9 Committee found correct as per Policy. Anjaw Joint Verification Committee All the 3 religious structures found correct as per Policy. Kra Dadi Joint Verification Committee All the 2 religious structures found correct as per Policy. Upper Siang Joint Verification Committee All the 6 religious structures found correct as per Policy. East Kameng Joint Verification Committee All the 5 religious structure found correct as per Policy. West Kameng Joint Verification Committee All the 16 religious structures found correct as per Policy. Tawang Joint Verification Committee All the 5 religious structures found correct as per Policy.

State of Assam Sl. . District Report submitted by Whether any unauthorized religious structure Dhemaji Joint Secretary, Revenue & D.M Department Eviction completed. Tinsukia Joint Secretary, Revenue & D.M Department Removed. Lakhimpur Joint Secretary, Revenue & D.M Department Out of 93, 40 were regularized and others were removed. Sivsagar Joint Secretary, Revenue & D.M Department Out of 27 unauthorized religious construction, 2 were regularized/ 1 falls under Archaeological and Historical site and others were removed. Dibrugarh Joint Secretary Out of 59, 4 were regularized/ 7 relocated/ Civil Suit is pending against 2 construction and others were removed. Dhubri Joint Secretary, Revenue & D.M Department Out of 200, 8 were regularized/ 42 were regularized and others were removed. Udalguri Joint Secretary, 2 were removed. Page No.# 7/9 Revenue & D.M Department Kamrup (M) Joint Secretary, Revenue & D.M Department 4 were removed/ 65 evicted/ 247 nos. are under process for relocation. Barpeta Joint Secretary, Revenue & D.M Department Notice served in 33 unauthorized construction/ 5 were regularized/ 2 evicted/ 72 are under process for allotment. 10 Bajali Joint Secretary, Revenue & D.M Department 37 were evicted. 11 Golaghat Joint Secretary, Revenue & D.M Department 2were evicted. 12 Nagaon Joint Secretary, Revenue & D.M Department 208were evicted. 13 Bongaigaon Joint Secretary, Revenue & D.M Department 14 Goalpara Joint Secretary, Revenue & D.M Department 3 were removed. 15 Hojai Joint Secretary, Revenue & D.M Department 6were removed/ 4 are prepared for eviction. 16 Majuli Joint Secretary, Revenue & D.M Department 17 Morigaon Joint Secretary, Revenue & D.M Department 40 were evicted/ 36, eviction is under process. 18 Karimganj Joint Secretary, Revenue & D.M Department 19 Darrang Joint Secretary, Revenue & D.M Department 5 evicted/ 6, allotment is under process/ 83, removal of part of the structure are under process. 20 Kokrajhar Joint Secretary, Revenue & D.M Department Page No.# 8/9 21 Chirang Joint Secretary, Revenue & D.M Department 22 Baksa Joint Secretary, Revenue & D.M Department 23 Jorhat Joint Secretary, Revenue & D.M Department 30 evicted/ 12 under process for removal. 24 Biswanath Joint Secretary, Revenue & D.M Department 13 evicted/ 13 eviction is under process. 25 Sonitpur Joint Secretary, Revenue & D.M Department 2, regularization is under process/ 4, action taken for eviction/ 24 removed. 26 Nalbari Joint Secretary, Revenue & D.M Department 27 Dima Hasao Joint Secretary, Revenue & D.M Department 28 South Salmara Joint Secretary, Revenue & D.M Department 29 Charaideo Joint Secretary, Revenue & D.M Department 30 Karbi anglong Joint Secretary, Revenue & D.M Department 31 Hailakandi Joint Secretary, Revenue & D.M Department 12, regularization is under process/ 4 action taken for eviction/ 1 removed 32 Kamrup Joint Secretary, Revenue & D.M Department 12, notice issued for eviction

Learned amicus curiae has submitted that as per the said chart, almost all the encroachments in the name of religious structures have either been removed or regularised as per the policy of the respective State Government. Page No.# 9/9 However, some encroachments/constructions could not be removed on account of litigations pending in various courts. Having gone through the said comparative chart, we are of the opinion that the purpose of the present suo moto writ petition has been fructified, hence, no further order is required to be passed. However, the States of Assam, Nagaland, Mizoram and Arunachal Pradesh are directed to regularly monitor the situation and if any illegal encroachment/structure comes up, or is continuing in the name of religious structure, the same shall be removed in accordance with law. All the states shall also make endeavour to get the related litigations pending in various courts decided at the earliest. With the above observations, this suo moto writ petition is disposed of.

JUDGE CHIEF JUSTICE

Comparing Assistant

PageoNo.#o1/9 GAHC010163662018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)(SuooMoto)/13/2018o XoXoXo GAUHATIoHIGHoCOURT,oASSAM VERSUSo INoREo-oTHEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCHIEFoSECRETARY,oGOVToOFoASSAM,oJANATAoBHAWAN,o DISPUR,oGHY-o06 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPTT oJANTAoBHAWAN oDISPUR oGHY-o06 3:THEoSTATEoOFoNAGALAND oREP.oBYoTHEoCHIEFoSECRETARY oGOVToOFoNAGALAND oNAGALANDoCIVILoSECRETARIAT oKOHIMA-o797004 4:THEoSTATEoOFoMIZORAM oREP.oBYoTHEoCHIEFoSECRETARY oGOVToOFoMIZORAM oNEWoSECRETARIAToCOMPLEX oAIZWAL-o796001 5:STATEoOFoARUNACHALoPRADESH oREP.oBYoTHEoCHIEFoSECRETARY oGOVToOFoARUNACHALoPRADESH oCIVILoSECRETARIAT Page No.# 2/9 ITANAGAR- 791111 6:SRI RANI SATI MANDIR COMMITTEE MAHALAYA ROAD REHABARI WARD DIBRUGARH TOWN MAUZA AND DISTRICT- DIBRUGARH ASSAM. 7:MANISH DEORAH S/O SRI ASHOK DEORAH R/O SEUJPUR LANE NO.1 DIBRUGARH-786 001 For petitioner/appellant(s) : Mr. H.K. Das, SC, GHC (amicus curiae) For respondent(s) : Mr. P.K. Tiwari, Sr. Advocate Mr. A. Chandran, Addl. Sr. GA, Arunachal Pradesh Ms. M. Kechii, Addl. AG, Nagaland Ms. P. Bhattacharya, Addl. AG, Mizoram Ms. N. Bordoloi, Advocate BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM