SRI BIKRAM PHUKAN, S/O. LATE NRIPENDRA PHUKAN @ NRIPENDRA RAM PHUKAN, R/O. PO/PS. BHARALUMUKH, GUWAHATI Vs. THE STATE OF ASSAM, REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LAND REVENUE DEPARTMENT, DISPURE, GUWAHATI

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Mr. P.S. Deka, the learned Govt. Advocate appearing for the official respondent Nos.1-4. The private respondents Nos.5-9 are represented by Mr. P.K. Deka, the learned counsel.

(2.) The question here is whether the declaration of ownership rights in favour of the occupancy tenant (khatian holder) was rightly ordered under Sec. 23 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as the Tenancy Act ). The application for ownership right was made by Jogen Ch. Boro, on account of the Khatian No.166 relating to land measuring 4 bighas 3 kathas 17 lechas, covered by Dag No.118 and that application was granted, in the absence of any objection from the patta holders Boloram Phukan, Nripendra Ram Phukan and Giribala Devi. The application for acquisition of ownership rights was filed in Form No.5 and was signed by the applicant and it was registered as the Tenancy Case No.586/1984. Case Background

(3.) When the claim for ownership right was made by the khatiandar, the Addl. D.C., Kamrup directed an enquiry on whether the applicant-tenant is personally cultivating the land in order to determine whether he is eligible to acquire the ownership right. Objection from the patta holder was also sought on the application of the occupancy tenant. After receipt of the appropriate report on the eligibility of the applicant to acquire the ownership right under Sec. 23 of the Tenancy Act, an order was passed on 03.05.1986, wherein it was observed that the concerned land is included within the Guwahati Municipal Corporation area. But since the Khatian was obtained long back on 01.10.1959 by the predecessor Patela Boro and then by the legal heirs Naren Boro and 3 others on 14.08.1975, it was found that the application in respect of the land within the GMC area is maintainable. Hence it was declared on 3.5.1986 (Annexure-4) that the applicant Jogen Boro is entitled to ownership right under the Tenancy Act, by paying due compensation to the patta holders.