Petitioner approached court for non-action on land settlement application filed in 1995. Despite 2005 recommendation, authorities delayed decision. Court directed decision within 6 months and protection against eviction.
Directing authorities to decide settlement application within 6 months and not to evict petitioner.
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GAHC010028512017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3824/2017
GIRISH NATH
S/O DEBESWAR NATH, R/O VILL-SARUMATARIA, PO and PS DISPUR, GUWAHATI-781006, DIST KAMRUP M, ASSAM
VERSUS
THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSONER and SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI-6, ASSAM
2:THE SECRETARY TO THE GOVT. OF ASSAM
GENERAL ADMINISTRATIVE DEPARTMENT DISPUR GUWAHATI-6
3:THE DEPUTY COMMISSIONER KAMRUP M DIST. KAMRUP M ASSAM
4:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE KAMRUP M ASSAM
5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE KAMRUP M ASSA
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Advocate for the Petitioner : Mr. R. Phukan, Advocate
Advocate for the Respondents : Mr. N. Goswami, Advocate Mr. S. Dutta, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 02.08.2023 Date of Judgment : 02.08.2023
JUDGMENT AND ORDER (ORAL)
The petitioner herein has approached this Court being aggrieved by the inaction on the part of the respondent authorities in not granting settlement of the land to the petitioner, and on the other hand, threatening to evict the petitioner from the said land.
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covered by Dag No.132 of Village-Sarumataria, under Beltola Mouza. In continuation to the said letter, the Deputy Commissioner, Kamrup (Metro), Guwahati vide the another letter dated 10.01.1995, submitted a report before the Secretary to the Government of Assam, Revenue (Settlement) Branch for necessary action. In the said letter, it was stated that the petitioner applied for settlement of land measuring 1 katha 5 lechas covered by Dag No.132 of Village-Sarumataria under Beltola Mouza.
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authorities are not taking steps for granting settlement to the petitioner though 22 years have passed by pursuant to the submission of the application, and on the other hand, the petitioner was under threat of being evicted from the said land.
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be seen from the communication issued by the Deputy Commissioner, Kamrup (metro), Guwahati to the Secretary to the Government of Assam, Revenue (Settlement) Department dated 17.01.2006 enclosed as Annexure-5 to the effect that the plot of land measuring 1 katha 5 lechas was recommended to be settled in favour of the petitioner. In spite of that, the respondent authorities did not decide the settlement application of the petitioner whereas it is also seen from the record, more particularly, from Annexure-9 that the Additional Deputy Commissioner, Kamrup (Metro) Guwahati had also written to the Settlement Authority, Guwahati regarding issuance of land patta in respect to the same Dag being Dag No.132 in respect to other persons.
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petitioner being pending since the year 1995, this Court directs the respondent authorities and more particularly the Commissioner & Secretary to the Government of Assam, Revenue and Disaster Management Department as well as to the Deputy Commissioner, Kamrup (Metro), Guwahati to take a decision on the application filed by the petitioner seeking settlement of a plot of land measuring 1 katha 5 lechas in Dag No.132 as per the extant policy. The said decision be taken within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Commissioner & Secretary to the Government of Assam, Revenue and Disaster Management Department as well as the Deputy Commissioner, Kamrup (Metro), Guwahati.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether non-delivery of land settlement decision after delay violates Article 14.
Whether the petitioner has a legitimate expectation of land settlement.
What period is reasonable for the authorities to consider the pending application.
2 provisions across 2 enactments
Girish Nath
The State of Assam
Commissioner and Secretary to the Govt. of Assam
The Secretary to the Govt. of Assam
The Deputy Commissioner Kamrup M
The Additional Deputy Commissioner Revenue Kamrup M
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
