BHASKARJYOTI SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) RESTORATION of possession of land measuring 1 B 4 Ks 16 Ls of the petitioners, following the adoption of the Urban Land (Ceiling and Regulations) Repealing Act, 1999 by the State of Assam is the principal relief prayed for in this writ petition. Interference with the allotment of an area of 4 Ls of the aforesaid land to the Respondent No. 6, Gauhati Metropolitan Development Authority made by order dated 27. 11. 2003 is the further relief prayed for by the petitioners.

(2.) THE relevant facts, which will be necessary to be noticed for an effective adjudication of the questions arising in the present writ petition, may briefly be stated at the outset : the petitioners are the legal heirs of Late Bhabadeb Sarma, who died on 3. 10. 1997. According to the petitioners, Late Bhabadeb Sarma was the owner of a plot of land measuring 73. 26 Acre (5 Bs 2ks 7 Ls) covered by K. P. Patta No. 493 (old)/594 (new) in Dag No. 1008 (old) of Sahar Ulubari, 2nd Part under Mouza Ulubari, Guwahati. During his life time, Late Bhabadeb Sarma, according to the petitioners, sold most of the land retaining ownership and possession of 1 B 4ks 16 Ls. On the basis of the return filed by the deceased under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as the Ceiling Act) a draft statement under Section 8 (3) of the Act was prepared and served on Late Bhabadeb Sarma on 18. 5. 1982. On due consideration of the objections filed against the said draft statement by the owner of the land, i. e. , Late Bhabadeb Sarma on 3. 9. 1982, the competent authority, under the Act, prepared and published the final statement under Section 9. A perusal of the draft and final statements prepared under the provisions of the Act, which have been enclosed to the writ petition, would go to show that a total area of 7981. 48 Sq. mtrs. of land was identified as the vacant land required to be surrendered by the owner. Thereafter, on 16. 5. 1984 a notification was published in the Official Gazette under Section 10 (1) of the Act giving the particulars of the vacant land in excess of the ceiling limit and calling on persons interested to file their claims to the said vacant land. In the schedule to the notification dated 16. 5. 1984, the total area of land is mentioned as 7981. 18 Sq. mtrs. Subsequently, a notification dated 1. 1. 1987 was published in the Official Gazette under Section 10 (3) of the Act. According to the petitioners, Late Bhabadeb Sarma continued to pay the land revenue in respect of the land upto the year 1991, whereafter such land revenue was refused to be accepted by the concerned authority. The petitioners have also brought on record a copy of the jamabandi showing the deletion of the name of the Late Bhabadeb Sarma as the recorded pattadar in respect of Patta No. 594. Such correction, as evident from the endorsement made in the extract of the jamabandi enclosed, was made on the basis of the orders passed in the Land Ceiling Proceeding in respect of the land owned by Late Bhabadeb Sarma.

(3.) THE further case pleaded by the petitioners is that notwithstanding the facts and events that had occurred, as noticed above, possession of the land declared as ceiling surplus by the notifications in question continued to remain with Late Bhabadeb Sarma and after his death on 3. 9. 1997 with the petitioners, who had inducted one Sanatan Baishya as the caretaker of the property in question. The petitioners have brought on record the electricity connection in respect of the premises standing on the land; documents of the postal authorities showing running of the business of a public call office in the said premises by the caretaker Sanatan Baishya and also the permission granted by the Gauhati Municipal Corporation authorities for running of a restaurant/tea stall in the said premises by Sanatan Baishya. According to the petitioners, the said documents effectively demonstrate their possession of the land even after finalization of the Land Ceiling Proceeding.