Disposed

Gol Hussain and 56 Ors. v. the State of Assam and 4 Ors.

Gauhati HC17 Sept 2024WP(C)/1412/2017

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging inaction regarding land settlement. It directed authorities to consider the petitioners for allotment in other Government waste lands under the 2019 Land Policy, noting the restrictions on VGR land settlement.

What did the court decide?

Directed respondent authorities to consider the case of the petitioners for allotment/settlement in other Government waste lands as per the Land Policy of 2019.

Gol Hussain and 56 Ors. Vs the State of Assam and 4 Ors. — Land Acquisition | Gauhati HC (2024)

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Page No.# 1/7

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GAHC010233412017

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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)/1412/2017

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GOL HUSSAIN and 56 ORS. S/O NAFIL ALI

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2: ABDUL NUR S/O LT. AMINSHA ALI

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3: JAMSER ALI S/O LT. JUMAR ALI

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4: BASED ALI S/O JAMSER ALI

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5: HASER ALI S/O LT. LATISA ALI

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6: SANBHANU BIBI W/O LT. TAZIM ALI

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7: LUTFUR RAHMAN S/O LT. MOHIM ALI

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8: AYUB ALI S/O LT. MANSER ALI

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9: SABIJAN BIBI W/O LT. MANSER ALI

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10: MAINUL ALI S/O HAKIM ALI

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11: HAKIM ALI S/O LT. AJIM ALI

12: AYNUL HAQUE

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S/O LT. HAKIM ALI

13: IDAR ALI S/O LT. TAJIM ALI

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14: BIDER ALI S/O LT. TAJIM ALI

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15: ABDUL NUR S/O LT. TAJIM ALI

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16: NAFIL ALI S/O LT. SAFUR ALI

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17: NAZIM ALI S/O NAFIL ALI

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18: JAKIR ALI S/O NAFIL ALI

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19: ABDUL ALI S/O LT. MESER ALI

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20: MAKIB ALI S/O LT. FARMUJ ALI

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21: FARID ALI S/O LT. FARMUJ ALI

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22: SABRU ALI S/O LT. AHED ALI

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23: ERUJ ALI S/O LT. AHED ALI

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24: GIAS UDDIN S/O LT. SADO ALI

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25: SAFIKUL ALI S/O DINO ALI

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26: MAINODDIN AHMED S/O LT. MANIR ALI

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27: SARIFUDDIN S/O LT. NUJIR ALI

28: RAHMAN ALI

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S/O LT. SIDDIK ALI

29: PAINUR ALI S/O LT. SIDDIK ALI

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30: SAMNUR ALI S/O LT. SIDDIK ALI

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31: SAMSUL HOQUE S/O SAMNUR ALI

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32: HASIMUDDIN S/O LT. LT. HUSHAN ALI

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33: HASHIR ALI S/O LT. HUSHAN ALI

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34: DILBAR ALI S/O LT. SAMIR ALI

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35: HABIBUR RAHMAN S/O DILBAR ALI

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36: MAKIBAR RAHMAN S/O DILBAR ALI

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37: MAHIBAR RAHMAN S/O LT. KUDRAT ALI

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38: HABIBAR RAHMAN S/O LT. HAJARAT ALI

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39: CHAND MAHAMMAD S/OLT. HAJARAT ALI

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40: MAHSEN ALI S/O LT. KHARSAN ALI

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41: KAHINOOR S/O LT. NABIR ALI

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42: NURUN NESHA W/O LT. NABIR ALI

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43: FAIJUDDIN @ FAIJO ALI S/O LT. SANAT ALI

44: JALAL ALI

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S/O LT. DOULAT ALI

45: MAINUL HAQUE S/O LT. MAKSED ALI

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46: RABIA BIBI W/O LT. JIYAR ALI

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47: RUPO BIBI W/O LT. TAFEZ ALI

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48: DILDAR ALI S/O HABIBULLA

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49: RAJNUR AHMED S/O LT. RASMAN ALI

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50: RAIFUDDIN S/O LT. MAHIM ALI

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51: DILJAN BIBI S/O LT. MANSER ALI

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52: MATIUR RAHMAN S/O MOIJUDDIN

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53: FARID ALI S/O LT. HUSHAN ALI

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54: ENUSH ALI S/O PAINUR ALI

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55: ANOWAR HUSSAIN S/O LT. MOHIM ALI

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56: GOLAPJAN BIBI W/O LT. SAFIKUR RAHMAN

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57: NARAYANPUR FIRM SUPA JAME MASZID REP. BY ITS SECRETARY MAKIBAR RAHMAN ALL ARE RESIDENTS OF VILL - NARAYANPUR MOUZA- MADHYAM BARKHETRI P.O. andP.S. MUKALMUA DIST. NALBARI ASSA

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VERSUS

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Page No.# 5/7

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASAM, REVENUE SETTLEMENT DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHATI - 781032. 3:THE DEPUTY COMMISSIONER LAND SETTLEMENT BRANCH NALBARI DIST. NALBARI ASSAM PIN - 781335. 4:THE ADDITIONAL DEPUTY COMMISSIONER

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REVENUE NALBARI DIST. NALBARI ASSAM PN - 781335.

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5:THE CIRCLE OFFICER

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BARKHETRI REVENUE CIRCLE NARAYANPUR MUKALMUA DIST. NALBARI ASSAM PIN - 78112

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For the petitioner (s) : Mr. R. Islam, Advocate

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For the respondent (s) : Mr. S. Baruah, Advocate

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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18.09.2024

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Heard Mr. R. Islam, the learned counsel appearing on behalf of the petitioners. Mr. S. Baruah, the learned counsel appears on behalf of the respondents.

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The instant writ petition has been filed by the petitioners being aggrieved by the inaction on the part of the respondent authorities in not granting settlement in favour of the petitioners over the plot of land covered by Dag No.621 under Barkhetri Revenue Circle, Narayanpur Mukalmua in the district of Nalbari, Assam.

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Pursuant to the order passed by this Court on 02.09.2024, an instruction has been placed before this Court to the effect that the lands in question wherein the petitioners are seeking settlement are VGR lands. It has also been mentioned that in the year 2004, the land allotment proposal submitted by Circle Officer was rejected by the District Land Advisory Committee.

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The learned counsel appearing on behalf of the petitioners submits that the petitioners have been in possession of the said lands for more than 45 years and they are erosion affected persons.

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This Court also takes note of the instructions so placed wherein the Circle Officer, Barkhetri Revenue Circle has also stated that the petitioners have been occupying the VGR land since the year 1982-83 due to erosion of their lands in village-Howlighat and Mukalmua. In that view of the matter, the question of passing any order by directing the respondent authorities to consider settlement of the petitioners in respect to the land under their possession to the petitioners cannot be granted in view of the fact that the lands in question wherein the petitioners are in possession are VGR lands as the same goes against the very spirit of the judgment of the Supreme Court in the case of Jagpal Singh & Others Vs. the State of Punjab & Ors., reported in (2011) 11 SCC 396. In addition to that, the Land Policy of 2019 also stipulates that there shall be no settlement of VGR lands.

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Be that as it may, the petitioners herein being landless indigenous people who are also erosion affected persons, they are required to be considered in terms with the Land Policy of 2019, and as such, this Court disposes of the instant writ petition thereby directing the respondent authorities to consider the case of the petitioners for allotment/settlement in other Government waste lands as per the Land Policy of 2019.

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In view of the above, the instant writ petition stands disposed of.

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The instructions placed before this Court are kept on record and marked with the letter “X”.

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JUDGE

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Comparing Assistant

Gol Hussain and 56 Ors. v. the State of Assam and 4 Ors.

Case brief

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Gol Hussain and 56 Ors. v. the State of Assam and 4 Ors.

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