HAMED ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R.P. Sarmah, learned Senior counsel assisted by Ms. S.P. Chetry, learned counsel for the petitioners and Mr. A. K. Dutta, learned Central Government Counsel for the respondent Nos. 1 & 2. Also heard Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department for the respondent No. 3 and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent Nos. 4 & 5.

(2.) It is claimed by the petitioners that they are the patta holders of land covered by (i) Dag No. 410, Patta No. 63 and (ii) Dag No. 225, Patta No. 136 Village-Bokajan, Lot No. 3, Mouza-Goraimari of Chariduar Revenue Circle, Sub-Division-Tezpur in the district of Sonitpur. However, the Circle Officer, Chariduar Revenue Circle, Chariduar respondent No. 5 by issuing notices under No. CDR-94/Airforce Acq./2021/1204 dtd. 28/12/2021 directed the petitioners to stop any such new construction work and to demolish whatever they constructed within the radius of 900 meters of the adjacent Airforce Station within 24 hours.

(3.) Being aggrieved with such action of the respondents, the petitioners have preferred this writ petition. Mr. Gogoi, learned Additional Senior Government Advocate, Assam from the said notices dtd. 28/12/2021 (Annexure- B to this petition) issued by the Circle Officer, Chariduar Revenue Circle, Chariduar placed before the Court that such notices have been issued to the petitioners as there is a Notification in force being No. 4(3)/2005-D/(AIR-II) dtd. 2/5/2007 issued by the Government of India in the Ministry of Defence as well as the consequential Notification No. RLA/277/2008/30 dtd. 11/8/2008 issued by the Government of Assam in the Revenue Department in pursuance of which, the Deputy Commissioner, Sonitpur on 13/8/2018 had already issued an order observing that within the radius of 900 meters of the concerned Airforce Station at Sonitpur district stopped all such construction and plantation over the said land.