UDAY KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.K. Bhattacharjee, learned senior counsel assisted by Mr. R. Dey for the petitioner as well as Mr. J. Handique, learned counsel for the respondents.

(2.) THE only main thrust in the present writ petition for assailing the impugned order/letter dated 4.1.06 is that it was passed/issued by the Commissioner & Secretary to the Govt. of Assam, Environment and Forest arbitrarily and capriciously by violating the principles of natural justice.

(3.) THE earlier judgment and order of this Court dated 10.5.04 is also available at Annexure-A to the present writ petition. This Court also had given anxious consideration to the earlier judgment and order of this Court dated 10.5.04. After such consideration, this Court is of the considered view that there is a clear finding of this Court that the petitioner is the pattadar of the said land from where he had been evicted by the State respondents without following the due process of law on the alleged ground that the said land of the petitioner was within the Hengrabari Reserved Forest and also that the petitioner had been directed to approach the concerned authorities for payment of compensation. In compliance with the direction of this Court in the earlier judgment and order dated 10.5.04 passed in WP(C) No. 4034/2002, the petitioner and others had approached the Secretary to the Government of Assam, Environment & Forest Department by filing representation supported by the documents for compensation. A copy of the said representation has been annexed as Annexure-B to the present writ petition.