STATE OF ASSAM Vs. UDAY KUMAR DAS

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order dated 18. 03. 08 passed by the learned Single Judge in the writ petition being WP (C) No. 357/2006 by which direction was issued to the State Government, the appellants herein, to take steps for payment of compensation in question to the respondent/writ petitioner which had already been assessed. The writ petition was filed by the respondent/writ petitioner when a decision was taken to keep his claim for compensation in abeyance although the same was already finalized.

(2.) THE respondent herein had the occasion to approach this Court along with five others by filing the writ petition being WP (C) No. 4034/2002 making a grievance against his eviction from the land in question. He was not only evicted from the land, but his Assam -Type building standing thereon was also demolished. While it was the case of the State Government in the Forest Department that the land in question was a forest land and thus could not have been occupied by the respondent and others, it was the case of the respondent that the land is an annual patta land and beyond the particular reserved forest. The Court found that the land was not a forest land as clarified by the Revenue Department. That being the position, the action of the Forest Department in evicting the persons concerned including the respondent was held to be illegal, arbitrary and without any authority of law. Having regard to the fact that the respondent along with others had suffered loss due to such eviction and demolition of their houses, the writ Court issued the direction as follows:

(3.) IN paragraph 19 of the application, the respondent made the following statements.