Ashaton Bibi and Ors. Vs the State of Assam and Ors.

5:THE CIRCLE OFFICER OF CHAPOR REVENUE CIRCLE P.O.- DHUBRI DIST- DHUBRI ASSAM PIN- 783371 6:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPT OF ENV AND FOREST DISPUR GHY 6 7:PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM REHABARI GHY- 8 8:THE DIVISIONAL FOREST OFFICER DHUBRI P.O.- DHUBRI HEAD OFFICE P.O. DIST DHUBRI PIN- 783301

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9:REGIONAL FOREST OFFICER/FOREST RANGER SALKOCHA FOREST RANGE P.O.- HATIPOTA DIST- DHUBRI ASSAM PIN- 78334

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Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH Advocate for the Respondent : GA, ASSAM, SC, FOREST,SC. REVENUE

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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03-11-2025

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Heard Mr. M. A. Sheikh, learned counsel for the petitioners and Mr. P.N.

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Page No.# 18/20

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Goswami, learned Additional Advocate General, Assam assisted by Mr. I. Kalita, learned counsel representing the respondent Forest Department.

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The petitioners claim that they are landless people who settled on Government Land and have continuously possessed the land in question for 40-50 years. It is their further claim that they are also paying land revenues on the lands reflected in the revenue records as Eksonia/Myadi. They are aggrieved by eviction notices issued by the authorities.

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On the other hand, it is the case of the State of Assam in the Forest Department that the land under the possession of the petitioners is reserved for Srigram Reserved Forest and therefore, neither under the Assam Land and Revenue Regulation, 1886 nor under the settlement rules, such land can be settled with the petitioners. Accordingly, they have been issued notices.

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Mr. Goswami, learned Additional Advocate General, Assam, however, in his usual fairness, submits that though the notices of eviction are issued, they are not in total conformity with the order dated 18.08.2025 passed by the learned Division Bench in WA No. 251/2025, more particularly, paragraph No. 21 of the said order.

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Mr. Goswami, learned Additional Advocate General, Assam further submits that as the petitioners have raised bonafide claims of their right, the Forest Department along with the revenue authorities of the District concerned shall make a joint verification of the land in question and thereafter, if they find that the petitioners are in possessing the land under reserved forest, they will issue fresh notice of eviction to the petitioners by specifying the land.

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In view of such submission of the learned Additional Advocate General, Mr. Sheikh, learned counsel for the petitioners submits that the present writ petition may be disposed of by interfering with the impugned eviction notices.

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Forest lands are outside the purview of settlement, however, there may be

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Page No.# 19/20

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various situations, such as question of disputes pertaining to the boundary of such forest or there may be disputes related to reservation or de-reservation of the land for forest or for that matter, there may be a dispute that the persons who have been granted the settlement in respect of a land even before being declared as reserved forest etc. such may involve a bona-fide claim of right to claim.

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Thus, when forest land cannot be settled, however, when a bona fide claim is raised, the affected persons should be given a proper opportunity to be heard.

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In the opinion of this Court, when the bonafide claim of right is raised, the authority cannot be permitted to unilaterally decide as to whether an occupier/possessor has a bonafide claim of the right involved, inasmuch as, it would require adjudication of both law and facts and without providing any opportunity to the occupier/ possessor, it would be in violation of principle of natural justice,

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Under such circumstances, issuance of a notice shall be necessary to form a subjective satisfaction, which is in consonance with the principles of natural justice inasmuch as the same will facilitate a just, fair and transparent procedure, which are facets of Articles 14, 19 and 21 of the Constitution of India.

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In the case at hand, in the backdrop of the claim made by the petitioners and the stand taken by the learned Additional Advocate General, Assam, the impugned notices are set aside, and the forest authority is permitted to issue fresh notices, by giving an opportunity of hearing to the petitioners, in terms of paragraph 21 of the Division Bench Decision order dated 18.08.2025 passed in WA No.251/2025. For arriving at the decision, as proposed by Mr. Goswami, a joint verification should be made with the revenue authorities to ascertain the claim. A speaking order be passed in this regard.

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JUDGE

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Page No.# 20/20

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Comparing Assistant

Ashaton Bibi and Ors. v. the State of Assam and Ors.

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Ashaton Bibi and Ors. v. the State of Assam and Ors.

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