LAWS(GAU)-1984-8-1

PHUSONG LAM Vs. DEPUTY COMMISSIONER KHASI HILLS SHILLONG

Decided On August 22, 1984
PHUSONG LAM Appellant
V/S
DEPUTY COMMISSIONER, KHASI HILLS, SHILLONG Respondents

JUDGEMENT

(1.) At the request of the learned counsel for both the parties, the matter has come up for hearing.

(2.) Unnecessarily the Civil Rule is pending for so many years when it could have been disposed of within a matter of minutes. Eviction from Government land for public purpose and public convenience is the need of the hour. However, it should not be done in breach of any fundamental right or other legal rights of the occupants.

(3.) We have heard Mr. S.C. Das, learned counsel for the petitioner and Mr. A. Sarma learned Government Advocate, Meghalaya. We have perused the writ petition and also orders passed in Civil Rules 157/77 to 161/77, Nalini Kanta Sen v. Deputy Commissioner, East Khasi Hills decided on 7-11-1983 Civil Rule 165/77 Ramesh Chandra Deb v. The Deputy Commissioner, Khasi Hills District, Shillong decided on 1-2-1984 and Civil Rule No. 222 of 1977, Shri Jawharlal Bahirwani v. The Deputy Commissioner, Khasi Hills District, Shillong decided on 9-8-1984. Relying on an order of their Lordships in the Supreme Court passed in Civil Appeal No. 509 of 1983, Kuteswai Biswas v. State of Assam wherein their Lordships passed the following order :