BHOLA BHOUMICK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Barbhuiya, learned counsel for the petitioners and Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department for the respondent No.1. Also heard Mr. R. Talukdar, learned Government Advocate, Assam for the respondent Nos. 2 & 3 as well as Mr. R. K. Dev Choudhury, learned Assistant Solicitor General of India for the respondent Nos. 4 to 7.

(2.) The Estate Officer, NF Railway, Lumding in the Divisional Railway Manager (Works), respondent No.5 issued the Communication No. W/212/LM/1/W-4 dtd. 5/5/2022 (Annexure-7 to this writ petition) informing the Deputy Commissioner, Hojai, respondent No.2 that for development work, unauthorized encroachment of Railway land at Hojai Old Market Area is required to be evicted immediately and in that connection, proceeding against unauthorized encroachers as per the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the PPE Act, 1971) have already been completed and eviction programme was carried out on 19/4/2022 in presence of Magistrate, but the said eviction proceeding could not be completed because of paucity of time.

(3.) By the said communication dtd. 5/5/2022, the Estate Officer, NF Railway, Lumding requested the Deputy Commissioner, Hojai to provide assistance for eviction of the encroachers at Hojai Old Market Area on 11/5/2022 i.e., today and 12/5/2022.