Majibar Rahman and 87 Ors v. The State of Assam and 6 Ors

ORDER Date : 21-09-2023 Heard Mr. J.I. Borbhuiya, learned counsel for the writ petitioners. Also heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam assisted by Mr. S. Rabha, learned standing counsel, BTC and Ms. N. Bordoloi, learned standing counsel, Revenue & DM Department, Assam appearing for the official respondents. On 19-09-2023, this Court had passed the following order after taking note of the contentions of the learned counsel for both the sides:- "Heard Mr. J.I. Barbhuiya, learned counsel for the writ petitioners. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam, appearing for the official respondents along with Mr. S. Rabha, learned Standing Counsel, BTC and Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam. The petitioners herein, numbering 88 in total, have approached this Court by filing the instant writ petition apprehending eviction from the land under their occupation. According to the respondents, the petitioners are in occupation of Daranga Reserve Forest land situated in Baksa district. However, the petitioners have disputed the said assertion by contending that the land falls within the N.C. Daranga revenue village and therefore, is not forest land. Page No.# 14/16 Taking note of the above controversy, the learned Single Judge had earlier passed order dated 16/08/2023 in WP(C) 4395/2023 instituted by the present petitioners, directing field verification to be carried out by the departmental authorities in presence of the petitioner No.1, who was to represent the other petitioners. Accordingly, field verification has been carried out and report has been submitted, annexed to the counter affidavit filed by the respondent No. 7, so as to reaffirm that the land in question falls within the Daranga Reserve Forest. The learned counsel for the petitioners has, however, assailed the said report inter alia contending that the authorities have not followed proper procedure of field verification by using the latest technology in the form of geodetic coordinate system. Be that as it may, the petitioners have not denied the fact that they are in occupation of "sarkari land". If that be so, this Court is of the prima facie opinion that the writ petitioners cannot resist any move by the Revenue Authorities to evict them from the land, even assuming that the same is not situated in a reserve forest. Therefore, the only question that would arise in the present writ petition is as to whether, some time can be granted to the petitioners to vacate the land by themselves and if so, what alternative arrangement could be made by the respondents for rehabilitation of the petitioners by affording them the basic amenities including food, water and shelter, until such time, their request for allotment of land is duly considered by the authorities, in accordance with law. Mr. Goswami, learned AAG, Assam, seeks time till 21/09/2023 to come up with concrete proposal in this regard by drawing support from the earlier order passed by this Court. List this case again on 21/09/2023. The learned AAG to circulate copies of the earlier decision of this Court sought to be relied upon and also proposal for rehabilitation with the petitioners' counsel, by tomorrow i.e. 20/09/2023."

There is nothing brought on record to take a view different from the views expressed by this Court, as reflected, in the order dated 19-09-2023. Today when the matter is called up, Mr. Goswami submits on instruction from the Page No.# 15/16 highest authority in the State that if the petitioners vacate the land on their own and within the time permitted by the Court, then the State respondents will provide necessary food, water and shelter along with other basic amenities to the petitioners and their family members for a period of 03 months, by which time, their applications for allotment of land, if any, would also be considered by the competent authority and a decision will be taken in terms of the Land Policy of the State. Mr. Borbhuiya, at this stage, submits that some time be given to the petitioners to vacate the land on their own by removing their belongings and also for filing individual applications for allotment of land. Since Mr. Goswami has given a categorical assurance to this Court that the basic amenities including food, water and shelter will be provided to the petitioners if they voluntarily vacate the Govt. land under their possession, it would not be necessary for this Court to enter into adjudication as to the validity of the procedure adopted by the respondents for getting vacant possession of the land or on the question as to whether, the land under occupation of the petitioners falls within the "reserve forest" or is it a "sarkari land" located within revenue village. The fact remains that the petitioners are admittedly encroachers upon "sarkari land"/ "forest land" and therefore, viewed from any angle, they are bound to vacate the land if the same is required by the State. As such, taking note of the submissions of learned counsel for both the sides, this writ petition is being disposed of at the stage of motion hearing by providing 03 months time to the writ petitioners w.e.f. today, to vacate the respective land under their occupation, by removing their belongings there-from. Page No.# 16/16 In the meantime, the petitioners may submit applications for allotment of land as per the Land Policy. If the petitioners fail to vacate the land within 03 months, as permitted by this Court, it will be open for the respondent authorities to proceed against them without serving any further notice. The respondents shall intimate the petitioners, atleast 30 days in advance, as to the arrangements made for food, water and shelter/ rehabilitation of the petitioners and their family members as per the observations made hereinabove. It is also made clear that until such time the applications for allotment of land, if any, made by the writ petitioners is considered individually and a decision is taken in the matter in accordance with law, the respondents shall continue to provide shelter and other basic amenities to the petitioners, which are of befitting human standard. With the above observation, this writ petition stands disposed of.

JUDGE GS Comparing Assistant

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