Writ petition challenging eviction without due procedure was disposed of. Court allowed eviction of unauthorized occupants as per law but deferred actual operation for 4-5 days due to a religious festival.
Eviction to be carried out as per law after religious festival; no direction given regarding due procedure.
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GAHC010125662019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3724/2019
1:NIZAM KHAN AND 3 ORS.
S/O. MOKBUL ALI, R/O. KATIA DOLONG, NORTH JALUKBARI, NEAR BURHA MASJID, GUWAHATI, ASSAM-781013.
S/O. LT. TAHARAB ALI R/O. KATIA DOLONG NORTH JALUKBARI NEAR BURHA MASJID GUWAHATI ASSAM-781013.
3: SAMINA SULTANA D/O. MOKBUL ALI R/O. KATIA DOLONG NORTH JALUKBARI NEAR BURHA MASJID GUWAHATI ASSAM-781013.
VERSUS
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REP. BY THE GENERAL MANAGER, N. F. RAILWAY, MALIGAON, GUWAHATI, ASSAM.
2:THE DIVISIONAL ENGINEER (WORKS) N. R. RAILWAY MALIGAON GUWAHATI ASSAM.
3:THE SENIOR SECTION ENGINEER P. WAY N.R. RAILWAY MALIGAON GUWAHATI ASSAM
Advocate for the Petitioner : MR. H RAHMAN
Advocate for the Respondent : SC, NF RLY
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
03.06.2019
Heard Mr. H. Rahman, learned Sr. Counsel for the petitioners and Mr. B. Sarma, learned Standing Counsel, Railways for the respondents.
By filing this petition under Article 226 of the Constitution of India petitioner seeks a direction to the respondents not to evict them without following the due procedure.
It is stated that petitioners are running small shops on land which is situated between AT Road and railway track running parallely. This place is between Saraighat Bridge and Kamakhya Railway Station. Railways have issued a notice dated 29.05.2019 giving 7 days time to encroachers to vacate railway land which they have unauthorisedly occupied between Saraighat Bridge and Kamakhya Railway Station, failing which eviction will be carried. It is contended that eviction can only be carried out by following due procedure under the law. Further, in the eviction notice name of the encroachers have not been mentioned. Another contention raised is that petitioners are occupying land which are no man’s land.
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From the above, it is evident that petitioners are not in occupation of their own land. If they are not in occupation of their land, then they are occupying somebody else’s land. There is no such thing called no man’s land. Encroachment over Government land or Railway land cannot be encouraged. Be that as it may, without expressing any opinion, Court is of the view that respondents may carry out eviction operation for eviction of unauthorized occupants as per law.
However, in view of religious festival, no eviction may be carried out during the next 4/5 days.
With the above observation and direction, writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the railway authorities are directed to carry out eviction of unauthorized occupants without following due procedure.
1 provisions across 1 enactments
Nizam Khan and 3 Ors.
The Union of India
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
