CHAMPA BASFOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners who are admittedly in occupation of Govt. land have filed this writ petition with a prayer for allotment of the particular land and/or provide them alternative plot of land extending protection as the members of the scheduled Caste community. Further prayer made in the writ petition is for payment of compensation to the tune of Rs. 2,30,000/- for the alleged forcible eviction from the land in question.

(2.) SHORTLY stated, the facts leading to filing of the instant writ petition are that the petitioners who belong to Scheduled Caste community were in occupation of 1 katha 10 lechas of Govt. land covered by Touzi No. 43, Dag No. 1097 in Ward no. 4 of Kharupetia Town. According to them they came in occupation of the land after clearing jungles etc. and developing the land. Further claim is that they had been living in the land with 17 family members. On 11. 06. 07 at about 9:00 p. M. , the respondents No. 8, 9, 10 and 11 came to the land with an eviction party and evicted the petitioners from their house and also demolished their house. Further claim of the petitioners is that some other constructions and plantations were also destroyed. At no point of time the petitioners were given any notice of such eviction. The petitioners lodged an FIR dated 15. 06. 07. It is the claim of the petitioners that their civil right has been violated giving a complete goodbye to the principles of natural justice.

(3.) ACCORDING to the petitioners, the aforesaid act on the part of the respondents has violated the provisions of Scheduled Caste and Scheduled Tribes (Prevention and Atrocities) Act, 1989 and Rules framed thereunder. Referring to the Land policy, 1989 adopted by the Govt. of Assam, the petitioners have claimed allotment of the land in favour of them.