Disposed

Lachit Chutia v. the State of Assam and 4 Ors.

Gauhati HC27 Apr 2022WP(C)/1185/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of five connected writ petitions concerning eviction from reserved Government VGR land. The Court directed petitioners to submit representations to revenue authorities, who must submit a report within two months. Settlement of the land is reserved for the Government to decide in accordance with law, based on the revenue authorities' report.

What did the court decide?

Petitioners directed to submit fresh representations to Deputy Commissioner and Secretary, Revenue Department; authorities to submit report within two months for Government to decide on settlement.

Lachit Chutia Vs the State of Assam and 4 Ors. — Land Acquisition | Gauhati HC (2022)

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Page No.# 1/11

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GAHC010030982022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1185/2022

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LACHIT CHUTIA

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S/O DEBESWAR CHUTIA, R/O VILL- JAGDUAR HABI NOTUN GAON, P.O.JAGDUAR, P.S.-TEOK, DIST- JORHAT, ASSAM-785112

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SPORTS AND YOUTH WELFARE DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6

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3:THE DIRECTOR SPORTS AND YOUTH WELFARE ASSAM DISPUR GUWAHATI-6

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4:THE DEPUTY COMMISSIONER JORHAT DIST-JORHAT ASSAM

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5:THE CIRCLE OFFICER TEOK REVENUE CIRCLE TEOK DIST-JORHAT ASSA

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Advocate for the Petitioner : MR. D BARUAH

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C)/4608/2021 JITU MONI BARUAH S/O- LT. ANANDA BARUAH R/O- VILL- JAGDUAR NARENG PACHANI GAON P.O. JAGDUAR P.S. TEOK DIST.- JORHAT ASSAM- 785112 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM SPORTS AND YOUTH WELFARE DEPTT. DISPUR GHY-6 2:THE DIRECTOR SPORTS AND YOUTH WELFARE ASSAM DISPUR GHY-6 3:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-6 4:THE DY. COMMISSIONER JORHAT DIST.- JORHAT ASSAM 5:CIRCLE OFFICER TEOK REVENUE CIRCLE TEOK JORHAT. -----------Advocate for : MR. D BARUAH Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/6551/2021 MRINAL BORDOLOI S/O MR. PURNA BORDOLOI R/O VILL- JAGDUAR NARENG PACHANI GAON P.O.-JAGDUAR P.S.-TEOK

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DIST-JORHAT ASSAM-785112

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM YOUTH WELFARE DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR SPORTS AND YOUTH WELFARE ASSAM DISPUR GUWAHATI-6 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 4:THE DEPUTY COMMISSIONER JORHAT DIST-JORHAT ASSAM 5:THE CIRCLE OFFICER TEOK REVENUE CIRCLE TEOK DIST-JORHAT ASSAM -----------Advocate for : MR. D BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4710/2021 KONPONA HAZARIKA AND ANR. S/O- SRI KONPONA HAZARIKA R/O- VILL- GAYAN GAON P.O. BONAI DIST.- JORHAT ASSAM PIN- 785683 2: RANTU HAZARIKA S/O- SRI KONPONA HAZARIKA R/O- VILL- GAYAN GAON P.O. BONAI DIST.- JORHAT ASSAM

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PIN- 785683 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GHY-06 ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE (SETTLEMENT) DEPTT. DISPUR GHY-06 ASSAM 3:THE DY. COMMISSIONER JORHAT DIST.- JORHAT ASSAM PIN- 785001 4:THE SUB DIVISIONAL OFFICER (SADAR) JORHAT DIST.- JORHAT ASSAM PIN- 785001 5:THE SUB DY. COLLECTOR JORHAT DIST.- JORHAT ASSAM PIN- 785001 -----------Advocate for : MR C BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. Linked Case : WP(C)/747/2022 MANIK BORAH AND ANR S/O. LT. LOKNATH BORA R/O. BORIAPLOT NAPOMUA GAON JAGDUAR SONARI P.O. JAGDUAR SONARI DIST. JORHAT ASSAM PIN-785690. 2: BIJOY BORAH

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S/O. BHUBAN BORAH R/O. JAGDUAR NAPOMUA GAON P.O. JAGDUAR SONARI DIST. JORHAT ASSAM PIN-785690. VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI-06.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM SPORTS AND YOUTH WELFARE DEPTT. DISPUR GUWAHATI-06. 3:THE DIRECTOR

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SPORTS AND YOUTH WELFARE ASSAM DISPUR GUWAHATI-06. 4:THE DEPUTY COMMISSIONER

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JORHAT DIST. JORHAT ASSAM. 5:THE CIRCLE OFFICER

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TEOK REVENUE CIRCLE JORHAT ASSAM. -----------Advocate for : MR. D BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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27/04/2022

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Heard Mr. Diganta Baruah, learned counsel for the petitioners in WP(C) Nos. 1185/2022, 4608/2021, 6551/2021 & 747/2022 and Mr. Bhaskar Baruah, learned counsel for the petitioners of WP(C) No. 4710/2021. Also heard Mr. Biswajyoti Talukdar, learned Standing counsel, Revenue and Disaster Management Department and Ms. Sumitra Sarma, learned Government Advocate, Assam for the respondents.

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2. In WP(C) No. 1185/2022 (Lachit Chutia Vs. State of Assam and 4 Others), land involves 10 (ten) Bighas. In WP(C) No. 4608/2021 (Jitu Moni Baruah Vs. State of Assam and 4 Others), land involves 12 (twelve) Bighas. In WP(C) No. 4710/2021 (Konpona Hazariaka and Rantu Hazarika Vs. State of Assam and 4 Others), land involves more than 6 (six) Bighas. In WP(C) No. 6551/2021 (Mrinal Bordoloi Vs. State of Assam and 4 Others), land involves 10 (ten) Bighas. In WP(C) No. 747/2022 (Manik Borah and Bijoy Borah Vs. State of Assam and 4 Others), land involves 20 (twenty) Bighas of Manik Borah and 1 Bigha 4 Kathas of Bijoy Borah.

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3. The petitioners named above are in possession of aforesaid land at Dag No. 156, VillageJagduar, Habi Gaon, Mouza-Teok, District-Jorhat since the year 1970 and thereafter having their tea plantation over it.

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4. It is stated by the petitioners that the Director of Sports & Youth Welfare, Assam by its communication dated 22.07.2021 requested the Deputy Commissioner, Jorhat to provide a suitable plot of land for construction of a mini stadium at Teok Legislative Assembly Constituency along with the relevant documents and also to submit a detailed Plan & Estimate pertaining to the said project that was to be countersigned by the competent technical authority for taking further course of action in that regard.

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5. In pursuance of the said communication dated 22.07.2021 of the Director of Sports & Youth Welfare, Assam; the Additional Deputy Commissioner, Jorhat called the petitioners and had several meetings with them informing them that they have to vacate the Government land under their occupation for construction of a mini stadium at Teok. Apprehending eviction from the said Government land, which is in their possession with tea cultivation, the petitioners have preferred

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this writ petition.

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6. Petitioners also stated that the Circle Officer, Teok Revenue Circle, Teok, Jorhat vide No. TCC 21/2015 dated 01.09.2021 issued a certificate that 25 Bighas of Government land over Dag No. 156/418 at Jagduar, Habi Gaon, Mouza-Teok, District-Jorhat has already been registered in favour of Jagduar Mini Stadium and in that regard they have annexed copies of some photographs relating to said Mini Stadium in some of the petitions. Therefore, petitioners urged that no further land is required for construction of Mini Stadium at Teok evicting them from the said land.

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7. Issues involved in these writ petitions are one and same and as the learned counsels for the parties have agreed, those have been taken up together for consideration.

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8. Brief facts of the case is that the Sub-Divisional Officer (Sadar), Jorhat earlier issued Eviction Notice to the petitioners under Rule 18(2) of the Assam Land and Revenue Regulation, 1886 in Encroachment Case Nos. ENC/TC 2/97, ENC/TC 3/97, ENC/TC 6/97, ENC/TC 8/97, ENC/TC 13/97, ENC/TC 20/97 and ENC/TC 24/97. Challenging those eviction notices issued under Rule 18(2) of said 1886 Regulations, the petitioners preferred appeals under Sections 147 and 151 of the Assam Land and Revenue Regulation, 1886 before the learned Assam Board of Revenue, Guwahati being Case Nos. 109RA(J)/97, 110RA(J)/97, 111RA(J)/97 and 43/RA(J)/98. After hearing the appellants as well as the counsel for the respondents, i.e., the State and its authorities, the learned Member of the Assam Board of Revenue, Guwahati vide judgments dated 18.08.1999 and 24.09.1999 dismissed those appeals being Nos. 43/RA(J)/98 and 109RA(J)/97, 110RA(J)/97 & 111RA(J)/97, respectively.

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9. Being aggrieved with the said dismissal of appeals by the learned Assam Board of Revenue upholding eviction notice issued under Rule 18(2) of the 1886 Regulations; the petitioners of WP(C) Nos. 4608/2021, 4710/2021, 6551/2021 and 747/2022 preferred WP(C) Nos. 5030/1999 (Konpai Bordoloi and 3 Others Vs. State of Assam and 3 Others), 5249/1999 (Simanta Hazarika Vs. State of Assam and 3 Others) and 5388/1999 (Manik Bora Vs. State of Assam 3 Others).

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10. The Court by order dated 01.10.1999 disposed of WP(C) No. 5030/1999 with the direction that — the petitioner shall submit a certified copy of the said order and a copy of the writ petition with all its annexure before the Deputy Commissioner, Jorhat and the Secretary,

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Revenue Department, Government of Assam. Within 2 (two) months from the date of receipt of the copies as aforesaid, the learned Deputy Commissioner, Jorhat will cause an enquiry and submit a report to the Secretary, Revenue Department, Government of Assam and then within 2 (two) months from the date of receipt of the report from the Deputy Commissioner, Jorhat the Secretary, Revenue Department, Government of Assam will consider the case of the petitioner for settlement of the land in question and pass orders and communicate the same to the petitioners as well as the Deputy Commissioner, Jorhat, with the further direction that until final orders are passed by the Secretary, Revenue Department, regarding the settlement of the land, the writ petitioners will not be evicted from the land in question.

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11. With similar orders, WP(C) No. 5249/1999 was disposed of on 11.10.1999 and WP(C) No. 5388/1999 was disposed of on 15.10.1999.

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12. Perused the records of WP(C) No. 5030/1999 (disposed of on 01.10.1999) as well as WP(C) No. 5249/1999 (disposed of on 11.10.1999).

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13. From the judgments of the learned Assam Board of Revenue, earlier writ petitions of the petitioners as well as the present writ petitions, it is noticed that the petitioners are in possession of Government VGR (Village Grazing Reserved) land without any allotment, permission and approval of the authority concerned in the Revenue Department of the State and the District of Jorhat. Petitioners have also admitted the fact that they are in possession of Government VGR land that is involved in the case.

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14. It is also to be noted herein that the Hon’ble Court while disposing of the writ petitions WP(C) Nos. 5030/1999, 5249/1999 and 5388/1999 did not set aside and quash the impugned orders therein that were passed by the Assam Board of Revenue rejecting the appeals of the petitioners and upholding the eviction notice issued under Rule 18(2) of the 1886 Regulations but directed the Deputy Commissioner, Jorhat as well as the authorities in the Revenue Department of the State to consider the cases of the petitioners for settlement of the land involved in the case on the basis of the report of the Deputy Commissioner, Jorhat subject to filing of certified copy of those orders passed by this Court earlier along with the copy of their writ petitions with all the annexures therein before the Deputy Commissioner, Jorhat as well as the Secretary, Revenue Department.

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15. The Hon’ble Court while considering those writ petitions also did not interfered with the

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observation made by the Assam Board of Revenue in the appeals dismissed by it wherein the learned Board came to the finding that the land involved in the case are VGR land reserved for public purpose and that whoever enters into possession of land reserved for grazing of village cattle or for other purposes they can be excluded by general of specific orders to be issued by the concerned Deputy Commissioner ejecting them from such reserved land over which no person has acquired the right of proprietor, land holder or settlement holder as there is no bona-fide right of claim involved and as such, such possessors of reserved land for public purpose can be evicted or ordered to vacate the land forthwith by the concerned Deputy Commissioner and further, the said authority may sale, confiscate or destroy any crop raised or any building or other construction erected, without any authority on the land.

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16. In the affidavit filed by the State respondents, it is clarified that there was no record of filing any petition by the petitioners or their predecessors before the Deputy Commissioner, Jorhat as per the direction of this Court passed earlier in those disposed of writ petitions of 1999. In the said affidavit, it is also specified that the petitioners being the possessors of VGR land have no right over the same being encroachers and on payment of encroachment fine over the VGR land.

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17. In the said affidavit, the respondent authorities also clarified that a land measuring 25 Bighas covered by Dag No. 156/418 of Jagduar Habi Gaon, Teok Mouza under Teok Revenue Circle though recorded in the name of Mini Stadium, Teok in the Chitha copy but physically only 12 Bighas of land was found under possession of the stadium after due measurement by the Circle Officer, Teok that is in the possession of District Sports Department and the rest of the land in the west side is under illegal possession of the petitioners and other persons.

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18. It is also seen that the petitioner of WP(C) No. 1185/2022 neither received any eviction notice nor preferred any appeal before the learned Assam Board of Revenue and a writ petition by him before the Court earlier and as the other petitioners have preferred the connected writ petitions, he too joined with them and preferred the said writ petition.

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19. Considering entire aspects of the matter, hearing the learned counsels for the parties and considering the earlier orders of the Court dated 01.10.1999 passed in WP(C) No. 5030/1999, 11.10.1999 passed in WP(C) No. 5249/1999 and 15.10.1999 in WP(C) No. 5388/1999, the petitioners herein are directed to submit their fresh representation before the Deputy Commissioner, Jorhat as well as the Secretary of the Revenue and Disaster Management

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Department forthwith along with certified copies of this order as well as the certified copy of their respective writ petitions that were filed earlier by them before the Court and were disposed of earlier in aforementioned writ petitions, obtaining necessary acknowledgment from those two authorities.

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20. With regard to the prayer of the petitioners for settlement of the land involved in the case of which they are in possession, the same being the Government reserved VGR land, such decision can only be taken by the Government in accordance with law and the Court is not inclined to pass any such order in that regard pertaining to their such prayers.

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21. In the event of filing such representation by the petitioners as directed above, the Deputy Commissioner, Jorhat shall submit its report with regard to the land involved in the case within a period of 2 (two) months before the Secretary to the Government of Assam in the Revenue and Disaster Management Department. Thereafter, the Secretary to the Government of Assam in the Revenue and Disaster Management Department shall pass necessary orders on the basis of the said report of the Deputy Commissioner, Jorhat with regard to the land of Dag No. 156 of Jagduar Habi Gaon, Teok Mouza under Teok Revenue Circle, District-Jorhat a Government VGR reserved land, in terms of the observations made earlier by the Court vide orders dated 01.10.1999 in WP(C) No. 5030/1999, dated 11.10.1999 in WP(C) No. 5249/1999 and dated 15.10.1999 passed in WP(C) No. 5388/1999.

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22. The Registry shall communicate the orders dated 01.10.1999 in WP(C) No. 5030/1999, dated 11.10.1999 in WP(C) No. 5249/1999 and dated 15.10.1999 in WP(C) No. 5388/1999 as well as the copy of this order to the Deputy Commissioner, Jorhat and the Secretary to the Government of Assam in the Revenue and Disaster Management Department for their necessary use.

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23. With the above observation and direction, these writ petitions stands disposed of.

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JUDGE

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Comparing Assistant

Lachit Chutia v. the State of Assam and 4 Ors.

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Lachit Chutia v. the State of Assam and 4 Ors.

Case brief

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