KUNDARGAON ANTIEVICTION ACTION COMMITTEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, by the present writ petition, has prayed for directing the respondents not to evict the members of the petitioner's committee from the land under their occupation and also to consider the applications filed by them for grant of settlement of the land they are possessing.

(2.) I have heard Mr. M. Singh, learned counsel for the petitioner, Mr. K. N. Choudhury, learned Addl. Advocate-General, Assam for the Respondents No. 1 to 3 and Mrs. Milli Hazarika, learned Senior counsel appearing on behalf of the Respondent No. 4, Assam Industrial Development Corporation Limited.

(3.) Mr. Singh, learned counsel for the petitioner has submitted that the members of the petitioner's committee, 18 in number, named in annexure-2 to the writ petition, are possessing the land measuring about 3 Bs each for last more than 70 yeans and as such, they acquire bona fide right of claim over the land under their possession due to the long and uninterrupted possession and, therefore, the land which was initially a Village Grazing Reserve (V.G.R.) and subsequently, de-reserved and became government khas land ought to have been settled in their favour pursuant to the applications filed by them for settlement as they are landless persons fulfiling the conditions required for getting settlement under the Assam Land and Revenue Regulation. The further submission of Mr. Singh is that they cannot be evicted under Rule 18 of the Settlement Rules as they acquired bonafide right of claim due to the long possession and in any case without following the procedure laid down under the said Rules. It has further been contended by the learned counsel for the petitioner that the Government of Assam vide notification dated 20.1.68 has taken a policy decision regarding the settlement of land and also removal of encroachment from the V.G.R. and other Government khas land, according to which the Government before removal of encroachment has to consult the Land Settlement Advisory Committee and in the instant case, the authority without making any consultation with the Land Settlement Advisory Committee has sought to evict the members of the petitioner's committee and that too, without issuing any notice as required under Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulation.