Kasem Ali Alias Kasham Ali and 29 Ors. v. the State of Assam and 5 Ors.
Case brief
What is this about?
Show cause notice for alleged encroachment of Lutumai Reserve Forest; Non-Cadastral revenue village; Ranipukhuri; Kampur Revenue Circle; Nagaon; Divisional Forest Authority; natural justice; opportunity to be heard; unilateral determination of bona fide claim impermissible; Articles 14, 19, 21; speaking order; joint survey report; eviction not to be carried out pending representation; writ petition disposed of.
What did the court decide?
Directions to the Divisional Forest Authority, Nagaon: accept the petitioners' representation within 10 days, pass a speaking order, and consider the grievances raised, including the jurisdiction of the forest authorities; survey report to be furnished to the petitioners; 15-day period to run from receipt of the representation (to be filed with a copy of the order within 10 days); speaking order to be communicated along with any joint survey report; the Additional Advocate General recorded that, till the indicated period is over, the forest authority will not carry out any eviction so far as it relates to the petitioners.