Writ petition challenging land encroachment in the Assam-Meghalaya border area was disposed of as the border dispute is pending before the Hon'ble Apex Court, rendering the present petition premature.
Petition disposed of with direction to approach appropriate forum for redressal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010142852021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5288/2021
UMA SHANKAR MISHRA
S/O LATE DR. PRAMILA MISHRA, C/O CHUNNI LAL SARAWAGI COMPANY, SCIENCE CENTRE BUILDING, 6TH FLOOR, ARYA CHOWK, SARABHATTI, GUWAHATI-8, ASSAM
VERSUS
THE STATE OF ASSAM AND 18 ORS. REPRESENTED BY THE CHIEF SECRETARY OF THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTME DISPUR
GUWAHATI-781006
3:THE COMMISSIONER TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT PARIVAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-781022
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME (A) DEPARTMENT DISPUR GUWAHATI-781006
5:THE DEPUTY COMMISSIONER KAMRUP(METROPOLITAN) DISTRICT PANBAZAR GUWAHATI-781001
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6:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC. ASSAM RUPNAGAR GUWAHATI-781032 7:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA CHARIALI DISPUR GUWAHATI-781028 8:GAUHATI MUNICIPAL CORPORATION REPRESENTED BY THE COMMISSIONER PANBAZAR GUWAHATI-781001 9:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER GMCH ROAD BHANGAGHAR GUWAHATI-781005 10:THE STATE OF MEGHALAYA REPRESENTED BY THE CHIEF SECRETARY SHILLONG-793002 11:THE SECRETARY TO THE GOVERNMENT OF MEGHALAYA REVENUE AND DISASTER MANAGEMENT DEPARTMENT SHILLONG-793001 12:THE SECRETARY TO THE GOVERNMENT OF MEGHALAYA HOME (POLITICAL) DEPARTMENT SHILLONG-793001 13:THE DEPUTY COMMISSIONER RI BHOI DISTRICT NANGPOH MEGHALAYA PIN-793102 14:THE CHIEF EXECUTIVE MEMBER KHASI HILLS AUTONOMOUS DISTRICT COUNCIL SHILLONG-793002 MEGHALAYA 15:RABIN SARMA SUPERINTENDENT RKG BRANCH
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OFFICE OF THE DEPUTY COMMISSIONER KAMRUP(METROPOLITAN) DISTRICT PANBAJAR GUWAHATI-781001 16:B.K RABHA LAT MANDAL DISPUR REVENUE CIRCLE BASISTHA CHARIALI DISPUR-781038 17:THE ASSAM STATE TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR ASTC COMPLEX PALTANBAZAR GUWAHATI-781008 18:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA NORTH BLOCK NEW DELHI-110001 19:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS PROJECT DIRECTOR HOUYSE NO 1 DILIP HUZURI PATH NEAR BAGESWARI TEMPLE SARUMATARIA GUWAHATI-78100
Advocate for the Petitioner : MR. D GOSWAMI
Advocate for the Respondent : GA, ASSAM
BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
04.10.2021
Heard Mr. D. Goswami, learned counsel for the petitioner and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent Nos.1, 4, 5 and 7. Also
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heard Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department, Assam for the respondent Nos.2 and 6; Mr. S. Sarma, learned Standing Counsel, ASTC for the respondent No.17 and Mr. C. Baruah, learned Standing Counsel, NHAI for the respondent No.19.
The petitioner has inherited a plot of land measuring 100 acres at village Khanapara, Shillong Guwahati Road in the district of Ri-Bhoi, Meghalaya State from his mother Dr. Pramila Mishra.
The petitioner is aggrieved that his said land has been encroached by various persons, constructed buildings/permanent structures over there obtaining building permissions from various departmental authorities of the State of Assam including Gauhati Municipal Corporation, Guwahati Metropolitan Development Authority etc. though the land is in the State of Meghalaya.
From the pleadings, it is seen that the land of the petitioner is at Khanapara, which is the border area of the States of Assam and Meghalaya at Guwahati.
Presently, the dispute relating to border between the States of Assam and Meghalaya is pending before the Hon’ble Apex Court. As such, till such final decision pertaining to the borders between the States of Assam and Meghalaya are passed by the Hon’ble Apex Court, the prayers made by the petitioner in this petition cannot be entertained by this Court in exercise of its powers under Article 226 of the Constitution of India. As such, the petitioner may approach the appropriate forum for redressal of his grievances.
With the above observation and direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition alleging land encroachment in a border area pending final adjudication before the Apex Court can be entertained.
1 provisions across 1 enactments
Uma Shankar Mishra
The State of Assam
The Commissioner and Secretary to the Government of Assam
The Commissioner to the Government of Assam
The Secretary to the Government of Assam
The Deputy Commissioner Kamrup(Metropolitan)
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
