Nurani Jame Masjid and Anr v. The State of Assam and 5 Ors

ORDER Date : 16.08.2023

¶1Both the writ petitions have been filed by the Petitioners challenging the notices issued by the Divisional Forest Officer, Baksa Forest Division, Mushalpur in the name of the Petitioners thereby granting them 15 days time to vacate the lands on the ground that the lands fall in the Darranga Forest under the Office of Kumarikata Forest.

¶2It is the specific contention of the learned counsel for the Petitioners that the land in question are Government lands and not Forest lands and as such, the Forest Department or for that matter, Divisional Forest Officer has no authority to issue the said notices.

¶3On the other hand, Mr. D. Gogoi, the learned Standing counsel drawing the attention of this Court to the affidavit-in-opposition filed by the Forest Department submits that the land in question are forest lands and it is a part of the Darranga Reserve Forest which was notified way back on 13.11.1895 and most specifically the area in core of the dispute is also a part of the 1st Addition of the Darranga Reserve Forest notified in the year 1941. In that regard, the said notifications have been enclosed as Annexure A and B to the Affidavit-in-Opposition along with the maps pertaining to the said lands to show that the land which is under the occupation of the Petitioners are Forest lands.

¶4This Court further finds it relevant to take note of the affidavit-in-reply filed by the Petitioners wherein certain photographs have been enclosed to show that the lands are Government lands upon which the Petitioners are paying Touji Mouza wherein demarcation have already been done by erecting boundary Page No.# 10/11 pillars.

¶5I have heard the learned counsels for the parties and have perused the materials on record.

¶6The issue involved herein is as to whether the lands presently under the occupation of the Petitioners are Forest lands or Government lands. This Court under Article 226 of the Constitution cannot adjudicate the said aspect of the matter. It would be the Revenue Authorities who can on the basis of contemporaneous materials arrive at an opinion as to whether the lands are Government lands or a Forest lands.

¶7This Court had made a specific query upon Mr. B. Choudhury, the learned Standing counsel appearing on behalf of the BTC as to how the said authority proposes to ascertain as to whether the lands are Government lands or Forest lands. Mr. B. Choudhury, the learned Standing counsel upon instructions had submitted that the Office of the Deputy Commissioner, Baksa shall depute the Circle Officer, Tamulpur, who in presence of the officials of the Forest Department and the Petitioners shall ascertain on the basis of the contemporaneous materials as to whether the lands are Forest lands or Government lands.

¶8Mr. B. Choudhury, the learned Standing counsel further expresses an apprehension that if all the Petitioners remain present, there may be a law and order situation. Mr. J. I. Borbhuiya, the learned counsel for the Petitioner submits that the Petitioner No.1 in WP(C) No.4395/2023 i.e Md. Majibar Rahman shall represent all the Petitioners and be present. Mr. B. Choudhury, the learned Standing counsel further submits on instructions that the said field verification proceedings would be carried out on 19.08.2023 at 12.30 PM. Page No.# 11/11

¶9Taking into account the above, this Court is of the opinion that it would be in the interest of justice to dispose of both the writ petitions with a direction to the Deputy Commissioner, Baksa to depute the Circle Officer, Tamulpur to carry out the field verification by taking into account the revenue records so maintained as to the lands wherein the Petitioners are in occupation falls within the Forest lands or Government lands. The Divisional Forest Officer, Baksa Forest Division, Mushalpur shall also be present at the time of field verification. The Petitioner No.1 in WP(C) No.4395/2023 i.e Md. Majibar Rahman shall also be personally present at 12:30 PM i.e. at the time of the said field verification. The Circle Officer, Tamulpur shall thereupon carry out the field verification and on the basis of the said verification, the Respondent Authorities shall take steps as permissible under law.

¶10It is made clear that till such verification are concluded i.e. the date and time so fixed, the status quo order which was passed earlier shall continue.

¶11With above observations and directions, both the writ petition stands disposed of.

JUDGE Comparing Assistant

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