Gauhati High Court
Page No.# 1/49 vs The State Of Assama And 5 Ors on 9 May, 2023
Page No.# 1/49
GAHC010145602022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4775/2022
ABDUR ROUF AND 56 ORS
S/O LT. FARID ALI, RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI,
P.O.-ISABHEEL,
P.S.-BAZARI CHERRA,
DISTRICT-KARIMGANJ, ASSAM,
PIN-788728.
2: JAFUR AHMED
S/O LT. ISAK ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
3: ABDUL RAHMAN
S/O LT. MUZAMMIL ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
Page No.# 2/49
PIN-788728.
4: ABDUL KAIYUM
S/O LT. FIRAJ ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
5: SALIKUR RAHMAN
S/O ABDUR RAHMAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
6: ABDUL KALAM
S/O LT. ABDUR RAZZAK
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
7: ABDUL GAFUR
S/O LT. ISAK ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
Page No.# 3/49
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
8: MAYUR UDDIN
S/O LT. MASADDAR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
9: ABDUL JALIL
S/O LT. ABDUL MANNAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
10: BILAL AHMED
S/O LT. SUAI MIA
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
Page No.# 4/49
ASSAM
PIN-788728.
11: ANOWARA BEGUM
W/O LT. ABDUL KADIR
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
12: HAFIJUR RAHMAN
S/O LT. JAFAR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
13: RAHIM UDDIN
S/O LT. SAIBUR RAHMAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
14: FAKAR UDDIN
S/O LT. FIROJ ALI
Page No.# 5/49
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
15: RAHIMA BIBI
W/O LT. SAYAB ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
16: NIJAM UDDIN
S/O LT. FAIJUL RAHMAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
17: HANIFA BIBI
W/O LT. ABDUL AHAD
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
Page No.# 6/49
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
18: BEDANA KHATUN
W/O LT. ABDUL SUKUR
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
19: SAMSUL HOQUE
S/O LT. AABDUL MUSSABIR
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
20: ABDUL SUKKUR
S/O LT. ABDUL RASHID
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
Page No.# 7/49
21: LUTFUR RAHMAN
S/O LT. NOOR UDDIN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
22: ABDUL SAHID
S/O LT. FURKAN UDDIN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
23: ABDUL RAKIB
S/O LT. ABDUL SHAHID
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
24: ABDUL WAHID
S/O LT. ABDUL RAKIB
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
Page No.# 8/49
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
25: ASIYA BEGUM
W/O LT. ABDUL ODUD
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
26: ABDUL KALAM
S/O LT. SIFAT ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
27: BEDANA BEGUM CHOUDHURY
D/O L. ABDUL MALIK
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
Page No.# 9/49
PIN-788728.
28: ABDUL MATLIB
S/O LT. AKRAM ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
29: ABDUL HASIB
S/O LT. ABDUL KARIM
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
30: SAMIMA AKHTAR
W/O NAZMUL ISLAM
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
31: NAPURJAN BBIBI
W/O SAIF UDDIN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
Page No.# 10/49
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
32: SIDDEK ALI
S/O LT. ABDUL GONI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
33: ABDUL MANNAN
S/O LT. MUDARIS ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
34: FAIJUL RAHMAN
S/O LT. SAKAWAT ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
Page No.# 11/49
ASSAM
PIN-788728.
35: ABDUL MUMIN
S/O LT. SIDDEK ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
36: SURATAN BIBI @ CHURHA BIBI
W/O LT. ABDUL MAJID
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
37: ABDUL SATTAR
S/O LT. WAKIR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
38: ABDUL RASHID
S/O LT. ABDUL WAKIL @ KHALIL UDDIN
Page No.# 12/49
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
39: JAINUL HOQUE
S/O LT. ABDUL HOQUE
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
40: KAMAR UDDIN
S/O LT. TAHIR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
41: AFTAB UDDIN @ ATAUR RAHMAN
S/O LT. ABDUL BARI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
Page No.# 13/49
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
42: PIARA BEGUM
W/O LT. BASIR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
43: MUKHLISUR RAHMAN
S/O LT. MATASIN ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
44: NIJAM UDDIN
S/O LT. FARID ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
Page No.# 14/49
45: ASMA BEGUM @ ASMA KHATUN
W/O ABDUL MALIK
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
46: NAKOI BIBI
W/O LT. ABDUL KARIM @ KARIM ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
47: KABIR UDDIN
S/O LT. TAHIR ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
48: ABDUL SALAM
S/O LT. SIFAT ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
Page No.# 15/49
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
49: AFTERA BEGUM
W/O LT. MIRJAN ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
50: ABDUL JABBAR
S/O LT. ABDUL GAFUR
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
51: ABDUR NOOR
S/O LT. TURAB ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
Page No.# 16/49
PIN-788728.
52: BEGOM BIBI
W/O ABDUL HASIB
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
53: ABDUL HAMID
S/O LT. RAKIB ALI
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
54: ASHA BIBI
W/O LT. ABDUR ROUF
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
55: SAB UDDIN
S/O LT. FAYJUR RAHMAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
Page No.# 17/49
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
56: HARI BIBI
D/O LT. ABDUL SAHID
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728.
57: ANOWARA BEGUM
D/O LT. ATAUR RAHMAN
RESIDENTS OF
VILLAGE-OLD SOLAMONA BORO SOBRI
P.O.-ISABHEEL
P.S.-BAZARI CHERRA
DISTRICT-KARIMGANJ
ASSAM
PIN-788728
VERSUS
THE STATE OF ASSAMA AND 5 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-6
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE
ASSAM
PANJABARI
Page No.# 18/49
GUWAHATI-37
3:THE DEPUTY COMMISSIONER
KARIMGANJ
DISTRICT-KARIMGANJ
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KARIMGANJ
DISTRICT-KARIMGANJ
ASSAM.
5:THE RANGE OFFICER
LOWAIRPUWA RANGE OFFICE
PATHARKANDI
DISTRICT-KARIMGANJ
ASSAM.
6:THE CIRCLE OFFICER
PATHERKANDI REVENUECIRCLE
PATHERKANDI
DISTRICT-KARIMGANJ
ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 09-05-2023
JUDGMENT & ORDER (ORAL)
Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioners and
Mr. P.N. Goswami, learned Addl. Advocate General for all the respondents.
2. The fifty seven writ petitioners have instituted this writ petition with the
Page No.# 19/49
following prayer:
"Under the circumstances, it is prayed that Your Lordships may be pleased to admit
this petition, call for records, issue a Rule calling upon the Respondents to show cause
as to why a Writ in the nature of Mandamus and/or any other writ of like nature shall
not be issued commanding the Respondents to take necessary steps for entering the
names of the petitioners in the Jamabandi Register of Old Solamona Boro Forest Village
in terms of Letter No.FGH.18/G/74/3069 dated 6.11.1974 and Order No. 262 dated
31.12.1975 so as to enable them to pay the revenues and/or as to why a direction shall
not be issued restraining the Respondents from evicting the petitioners from their
respective land without due process of law and/or as to why a further direction shall not
be issued to the Respondents to allow the petitioners to enjoy their continuous
possession of their land at Old Solamona Boro Sobri Forest Village without any
interference by the Respondents authority and cause or causes being shown and after
hearing the parties be pleased to make the Rule absolute, giving full and complete relief
to the petitioners and/or pass such other or further order or orders as Your Lordships
may deem fit and proper.
-AND-
Pending disposal of the Rule, Your Lordship may be pleased to issue necessary
direction to the Respondents restraining them from evicting the petitioners from their
respective land without due process of law.
And for this, the petitioners as in duty bound shall ever pray."
3. A reading of the prayer makes it discernible that the writ petitioners seek
for a direction to the respondents in the Forest Department of the Government
of Assam as well as the Deputy Commissioner, Karimganj and Circle Officer,
Patharkandi Revenue Circle to take necessary steps to enter the names of the
petitioners in the Jamabandi Register in respect of Old Solamona Boro Sobri
Forest Village in terms of letter No. FGH.18/G/74/3069 dated 06.11.1974 of the
then Conservator of Forests, Hills, Assam, Shillong namely M.A. Islam as well as
the office order No. 262 dated 31.12.1975 of the Divisional Forest Officer,
Cachar Division, Silchar. The letter of the Conservator of Forests, Hills dated
06.11.1974 is extracted as below:
"Since there are one hundred to two hundred bighas of land are available without
Page No.# 20/49
tree Forests and which were encroached by Rang Reang people and have been evicted
from time to time and that these vacant land may not be encroached by outsiders, the
so sixty six land less people as certified by the S.D.O., Karimganj vide his no.
KES.3(Pt)/73/30, dt. 4.5.74 may be allotted there land after proper survey each getting
five bighas of Rupit land and two bighas of Bari land on regular Forest village terms.
The map after survey and the exact land available should be sent to this office for
record.
The land in Dhubri are may not be thrown open for the present."
4. The order of the Divisional Forest Officer, Cachar Division, Silchar dated
31.12.1975 is also extracted as below:
"Subject to abiding by the existing Forest Village rules inforce Sri Moinul Hoque and
55 (fifty five) others (as per list enclosed) are hereby ordered to be entertained as
Forest Villagers with 5 (five) bighas of rupit land and 2 (two) bighas of Bari land each
with the sanctioned boundary of Old Solamona Forest Village under Longai Reserve
Forests of Karimganj Range with immediate effect as per approval of the Conservator of
Forests Hills, Assam vide Nos. FGH.18/C/74 5069 dt. 6.11.74 and FGH.18/C/74-75/3124
dt. 4.8.75 with immediate effect.
The possession of land should be given on demarcation in field and on obtaining
written undertaking that they will obey the rules and Regulations in force.
The entry into the Jamabandi Register should also be made accordingly."
5. The petitioners in the prayer also seek for a direction to restrain the
respondents from evicting the petitioners from their respective land without
following the due process of law or further to issue a direction to the
respondents to allow the petitioners to enjoy their continuous possession of
their land at Old Solamona Boro Sobri Forest Village without any interference. A
reading of the subsequent prayers makes it discernible that the purpose of the
writ petition is for a direction in favour of the petitioners that their occupation of
the land at Old Solamona Boro Sobri Forest Village be declared to be permanent
in nature so that their enjoyment of the land continues and to allow them to
enjoy the land in perpetuity.
Page No.# 21/49
6. A reading of the letter dated 06.11.1974 of the Conservator of Forest,
Hills, Assam, Shillong makes it discernible that about hundred to two hundred
bighas of land are available without tree forests and such forest land were
earlier encroached by Rang-Reang community and the forest department had
undertaken the process under the law to evict the Rang-Reang people from the
forest land and so in order to protect the forest land and to ensure that the
Rang-Reang people do not come back and encroach the forest land again, the
Conservator of Forest deemed it appropriate that sixty six landless people from
outside as certified by the Sub-Divisional Officer Karimganj by his order
No.KRS.3(pt)/73/30 dated 04.05.74 may be allotted land after proper survey by
giving five bighas of rupit land and two bighas of bari land on regular Forest
Village terms to such sixty six outsider landless people. If certain indigenous
tribal people had entered and occupied some forest land and the authorities
deemed it appropriate that such indigenous people should be evicted from the
forest land so as to protect the land, and an eviction process was carried out
and the encroachers were removed, it cannot be that to ensure that the same
people do not come back and encroach the land again and the land should be
allotted to some outsider people comprising of sixty six landless people and
such act would be unacceptable under the law.
7. The list of sixty six landless people is available at page 47 to the writ
petition and are extracted as below:
Name & address Area of land held by the Remarks
person
1.Abdul Khalique Nil Category 'A'
Page No.# 22/49
S/O HajiFarid Ali
Vill- Bataya
2.Sarif Uddin Nil Do 'A'
S/O AbdurRahman
Vill. Bataya
3. AbdurRahim Nil Do 'A'
S/O Late Usman Ali
Vill. Bataya
4. Abdul Hamid Nil Do 'A'
S/O Farid Ali
Vill. Do
5. Abdul Hannan Nil Do 'A'
S/O Do
Vill. Do
6. Abdul Mannan Nil Do 'A'
S/O Do.
Vill. Do
7. MatiurRahman Nil Do 'A'
Page No.# 23/49
S/O Late Abdul Bari
Vill. Singaria
8. Abdul Karim Nil Do 'A'
S/O Late Said Ali
Vill. Do
9. Abdul Mannan Nil Do 'A'
S/O Late Madris Ali
Vill. Do
10.Riaz Uddin 3 bigas Do 'B'
S/O Late Mirjan Ali
Vil. Do
11. Mohib Ali 1½ " Do Do
S/O Late Masaddar Ali
Vill. Do
12. Sakawat Ali 2" Do Do
S/O Late Nisar Ali
Vill. Do
13. AbdusSahid Nil Do 'A'
Page No.# 24/49
S/O Makram Ali
Vill. Do
14. AtaurRahman 1 block Do 'B'
S/O Late Abdul Bari
Vill. DO
15. Manajjir Ali 3 block Do 'B'
S/O Late Chand Mia
Vill. do
16. Abdul Gafur 1 block Do 'B'
S/O Late Said Ali
Vill. Do
17. Abdul Rakib Nil Do 'A'
S/O Late Mosir Ali
Vill. do
18. MahmadurRahman Nil Do 'A'
S/O Late Abdul Bari
Vill. do
19. Habib Ahmed Nil Do 'A'
Page No.# 25/49
S/O Late Abdul Bari
Vill. Do
20. Abdul MalikChoudhury 3 bigas Do 'A'
S/O Late Mahmad Ali
Choudhury
Vill. do
21. MuhiburRahman Nil Do 'A'
S/O Late Manazzir Ali
Vill. Singaria
22. Ilas Ali Nil Do 'A'
S/O Late Said Ali
Vil. Keotkona
23. Isak Ali Nil Do 'A'
S/O Late Ilas Ali
Vill. do
24. Ibrahim Ali Nil Do 'A'
S/O Do
Vill. do
Page No.# 26/49
25. Idris Ali Nil Do 'A'
S/O do
Vill. do
26.Basir Ali Nil Do 'A'
S/O do
Vill. do
27. Suhag Mia Nil Do 'A'
S/O Late Kurban Ali
Vill. do
28. AbdusSabur Nil Do 'A'
S/O Saib Ali
Vill. do
29. Manazzir Ali Nil Do 'A'
S/O Ibrahim Ali
Vill. do
30. AbdurRahman Nil Do 'A'
S/O Late Hasan Ali
Page No.# 27/49
Vill. Do
31. RahimaBibi Nil Do 'A'
W/o Yousuf Ali
Vill. Kanakpur
32.Rafique Uddin 1½ biga Do 'A'
S/O Wajid Ali
Vill. do
33. AtaurRahman 3 biga Do 'A'
S/O AbdusSubhan
Vill. do
34. Matasin Ali Nil Do 'A'
S/O Wazid Ali
Vill. do
35. Abdul Fatha Nil Do 'A'
S/O GulamIrpan
Vill. Niamotkhani
36. Matasin Ali Nil Do 'A'
S/O Said Ali
Page No.# 28/49
Vill. Singaria
37. Abdul Musabbir Nil Do 'A'
S/O Sajid Ali
Vill. Taltola
38. SajjadurRahman Nil Do 'A'
S/O Anjob Ali
Vill. Niamotkhani
39. Firoj Ali Nil Do 'A'
S/O Jafar Ali
Vill. Khagail
40. Muzammil Ali Nil Do 'A'
S/O Kurban Ali
Vill. do
41. MoinulHaque 2 bigas Do 'B'
S/O Wajid Ali
Vill. Gandharavakhani
42. Suruj Ali Nil
S/O Makbul Ali
Page No.# 29/49
Vill. do
43. Junab Ali Nil Do 'A'
S/O Idris Ali
Vill. do
44. Mosaddar Ali 2 bigas Do
S/O Suruj Ali
Vill. do
45. Suai Mia Nil Do
S/O Late Masab Ali
Vill. do
46. AbdurRahim 2 bigas Do 'B'
S/O Ambar Ali
Vill. do
47. AbdurRazzak Nil Do 'A'
S/O Intaj Ali
Vill. do
48. Abdul Haque 2 bigas Do 'B'
S/O Said Ali
Page No.# 30/49
Vill. do
49.Moin uddin 3 bigas Do
S/O Sunahar Ali
Vill. Uttar Bandar Kona
50. SaiburRahman 1 block Do
S/O Yakub Ali
Vill. Gandharabakhani
51. KutinaBibi Nil Do
W/o Late Isak Ali
Vill. do
52. Abdul Jabbar 2 b- 10 k Do
S/O Anjir Ali
Vill. do
53. Siddek Ali Nil Do
S/O Matasin Ali
Vill. do
54. Abdul Rakib 3b. Do
S/O Sonahar Ali
Page No.# 31/49
Vill. Uttarbandarkuna
55. Akaddas Ali Nil Do
S/O Wajid Ali
Vill. do
56. Asaduddin 2 bigas Do
S/O Sonahar Ali
Vill do
57. AbdurRouf Nil Do
S/O Farid Ali
Vill. Haitarkha
58.Abdul Noor 3 bigas Do
S/O Manir Ali
Vill. Hoithorkha
59. Firoj Ali 2 bigas Do
S/O Saman Ali
Vil. do
60. Abdul Wakil Nil Do
S/O Late Musobbir Ali
Page No.# 32/49
Vill. Do
61. Intaj Ali 2 bigas Do
S/O Monohar Ali
Vill. Bilbari
62. Mantaj Ali 1½ bigas Do
S/O Umar Ali
Vill. ChoudhuryTilla
63. Roab Ali 1b 5k Do
S/O Jawaid Ali
Vill. Faridkona
64. Abdul Kadir Nil Do
S/O Fatir Ali
Vill. Balia
65. Abdul Majid Nil Do
S/O Do
Vill. Do
66. Abdul Noor 3 bigas Do
S/O Turab Ali
Page No.# 33/49
Vill. Saidkhani
8. No material is available to form any view as to who these outsider people
are and from where they have come from and as to why they have been
allotted the land inside the forest.
9. The Order No.262 dated 31.12.1975 of the Divisional Forest Officer
Cachar Division Silchar provides that subject to abiding of the existing forest
village Rules, Mainul Hoque and 55 others, were handed over possession of the
land after demarcation by taking a written undertaking that they will abide by
the Rules and Regulation in force and further that the names of the said persons
should be entered in the Jamabandi register maintained for the purpose.
10. A further reading of the letter of the Conservator of Forest dated
06.11.1974 makes it discernible that some further forest land in the Dhubri
district are sought to be allotted in such manner, but it could not be so done.
Such provision is also indicative that there was an intension to destroy the forest
land in the same manner in other districts also.
11. We have heard the learned senior counsel for the petitioner, Mr. HRA
Choudhury, on the rights that the present petitioners may have to have their
names entered in the Jamabandi maintained for the purpose and also for a
direction that their occupation in the land should be made permanent in nature
so that they can enjoy it in perpetuity.
Page No.# 34/49
12. Mr. HRA Choudhury learned senior counsel refers to the Rules for
Establishment and Control of Forest Village (for short, the Establishment Rules),
purportedly made under Sections 72(e), 74 and 75 of the Assam Forest
Regulation 1891 (for short, the Regulation of 1891). Sections 72(e), 74 and 75
of the Regulations of 1891 are extracted as below:
"72.The State Government may make rules consistent with this Regulation:
(e) generally, to carry out the provisions of this Regulation."
"74. Every person who exercises any right in a reserved forest or village forest, or
who is permitted to remove any forest produce from, or to pasture cattle, or practise
jhum cultivation in, such forest, and every person who is employed by such person in
such forest and every person in any village contiguous to such forest who is employed
by the [Government] or who receives emoluments from the [Government] for services
to be performed to the community, shall be bound to furnish. without unnecessary
delay, to the nearest Forest Officer or Police Officer any information which he may
possess respecting the occurrence of a fire in or near such forest, or the commission of
or intention to commit, any forest offence, and shall assist any Forest Officer, or Police
Officer demanding his aid -
(a) in extinguishing any fire occurring in such forest;
(b) in preventing any fire which may occur in the vicinity of such forest from
spreading to such forest ;
(c) in preventing the commission in such forest of any forest offence ; and
(d) when there is reason to believe that any such offence has been committed in
such forest, in discovering and arresting the offender."
"75. All money, other than fines' payable to the [Government] under this
Regulation, or under any rule made thereunder, or on account of the price of any forest
Page No.# 35/49
produce, or of expenses incurred in the execution of this Regulation in respect of any
forest produce, may, if not paid when due, be recovered under the law for the time
being in force as if it were an arrear of land revenue."
13. By referring to the Establishment Rules, Mr. HRA Choudhury, learned
senior counsel submits that the petitioners have been put into possession inside
the reserved forest land under the said Rules and that under the Rules they
have a legal right of their names being entered in the Jamabandi, and as some
kind of heritable right is also provided in the Rules itself, therefore, most of the
petitioners being the second generation of the persons who are put into
possession inside the forest land as per the order dated 06.11.1974 have a
permanent heritable and a legal right in perpetuity for occupying the forest land
and also to regularize the process by having their names entered in the
Jamabandi.
14. On the submission of the learned senior counsel for the petitioner, we
have noticed two aspects are to be looked into. The first aspect would be as to
what would be the implication of the Establishment Rules made under Sections
72(e), 74 and 75 of the Regulations of 1891 and further the relevance of
entering the names of the petitioners in the Jamabandi and under what law is
the concept of a Jamabandi being governed. As the Establishment Rules have
been framed under Sections 72(e), 74 and 75 of the Regulations of 1891, we
required Mr. PN Goswami, learned Additional Advocate General, Assam
appearing for the respondents to refer to any relevant provision under the
Regulations of 1891 which may contain the provisions of establishing a forest
village. As per the petitioners, the concept of forest village is given to be
Page No.# 36/49
understood to mean that it will be a village which will be inhabited by people
and would be located inside the notified reserved forest. Mr.PN Goswami,
learned Additional Advocate General for the purpose refers to Section 29 of the
Regulations of 1891 which provides for constitution of 'village forest' and that of
Section 30 which is a rule making power for framing of Rules for the village
forest.
15. Apart from the aforesaid provisions, Mr. PN Goswami, Additional Advocate
General is candid enough to say that there is no provision in the Regulations of
1891 providing for establishing any forest village. Accordingly, we examine as to
whether village forest as provided in Section 29 of the Regulations of 1891 and
a forest village as provided in the Establishment Rules are one and the same in
its meaning and purport. Rule 1 of the Establishment Rules provides that forest
village may be established within the limits of any reserved forest on sites and
locations of which will be approved by the Conservator of Forest in writing,
which makes it explicit that the location of the forest village would be within the
location of the reserved forest. On the other hand, Section 29 of the Regulations
of 1891 provides that the State Government may by notification in an official
gazette constitute any land at the disposal of the Government a village forest for
the benefit of any village community or group of village communities, and may,
in like manner, vary or cancel any such notification.
16. Section 29 of the Regulations of 1891 makes it explicit that the location
of the village forest to be constituted would be over any land at the disposal of
the Government. Section 3(8) of the Regulation of 1891 defines 'land at the
disposal of the Government' to mean land in respect of which no person has
Page No.# 37/49
acquired a permanent, heritable and transferable right of use and occupancy
under law for the time being in force; or any right created by grant or lease
made or continued by or on behalf of the Government not being land vested for
the purposes of the Central Government.
17. Section 3(8) and Section 29 of the Regulations of 1891 are extracted as
below:
Section 3(8) defines land at the disposal of the Government in negative terms
i.e., all such land, other than the land over which any person may have acquired a
permanent, heritable and transferable right of use and occupancy under law for the
time being in force; or any right created by grant or lease made or continued by or on
behalf of the Government not being land vested for the purposes of the Central
Government.
Section 29. Constitution of village forests. - (1) The State Government may by
notification in the official Gazette, constitute any land at the disposal of the
Government a village-forest for the benefit of any village-community or group of
village-communities and may, in like manner, vary or cancel any such notification.
(2) Every such notification shall specify the limits of such village forests.
18. A reading of Section 3(8) makes it discernible that the residual land at
the disposal of the Government would be the land over which no permanent,
heritable and transferable right of use and occupancy under any law for the time
being in force had been granted to any person, nor any right had been created
by grant or lease made or continued by or on behalf of the Government and not
being land vested for the purposes of the Central Government.
19. In other words, we are required to interpret the provisions of Section
3(8) of the Regulations of 1891 as to whether the residual land would mean all
such lands in the State of Assam over which no permanent, heritable and
transferable right of use and occupancy have been granted to any person, nor
Page No.# 38/49
any right had been created by grant or lease made or continued by or on behalf
of the Government and land not being vested for the purposes of the Central
Government would also include the land under the reserved forests or the
residual land would mean the land other than the land included in the reserved
forest.
20. The meaning of residual land, whether it would also include land under
the reserved forest can be discerned from the provisions of Section 29 of the
Regulations of 1891. A reserved forest is constituted in exercise of the powers
under Section 4 of the Regulations of 1891 which provides that the State
Government may constitute any land at the disposal of the Government, a
reserved forest in the manner provided therein. The manner to constitute a
reserved forest is provided under Section 5 of the Regulations of 1891 which
inter alia provides that whenever it is proposed to constitute any land a reserved
forest, the State Government by publishing a notification in the Official Gazette
specify, as nearly possible, the limits of such land and in doing so to also
appoint an officer called the Forest Settlement Officer to enquire into and
determine the existence, nature and extent of any rights claimed or alleged to
exist in favour of any person over any land within such limits. Section 6 (d) of
the Regulations of 1891 provides for fixing a period of not less than three
months from the date of publication of Section 5 proclamation requiring every
person claiming any right to submit a written notice to the Forest Settlement
Officer and Section 8 provides for an enquiry to be made by the Forest
Settlement Officer. Section 11 (1) provides that in respect of a claim to any right
within the limits of the land proclaimed for the purpose of constituting the
reserved forest, the Forest Settlement Officer shall pass an order specifying the
Page No.# 39/49
particulars of such claim by admitting or rejecting the claim wholly or in part.
Section 11 (2) provides that if any such claim is admitted wholly or in part, the
Forest Settlement Officer may come to an agreement with the claimant for
surrender of the right or to exclude the land from the limits of proposed forest
or proceed to acquire the land.
21. From the provisions of Section 11(2) it is apparent that upon a reserved
forest being notified under Section 17 of the aforesaid regulations, no claim or
right of any person remains over the land under the reserved forest. Section 18
of the Regulations of 1891 makes it further explicit that even if any right could
have been claimed by any person, but not claimed under Section 6, such rights
would also stand extinguished unless before publication of Section 17
Notification, such person makes a claim under Section 6.
22. As the procedure referred in Section 4 of the Regulation of 1891 to
constitute any land at the disposal of the Government a reserved forest, in
terms of the provisions of Section 5 to Section 18, which is a code by itself, we
have to understand that the further notification referred in Section 29 to
constitute any land at the disposal of the Government a 'village forest' would
have to be a notification over any land which would not be covered by the
notification under Section 17 of the Regulations of 1891. Meaning thereby, that
such land which had already been declared to be notified as reserved forest
under Section 17 would not be a residual land to be covered by any further
notification to constitute a 'village forest' under Section 29.
Page No.# 40/49
23. Accordingly, any notification under Section 29 of the Regulations of 1891
to constitute a 'village forest' would not and can not include any land under a
reserved forest which had already been notified under Section 17. Consequently,
the concept of 'village forest' as provided in Section 29 of the Regulations of
1891 and the concept of 'forest village' provided in Rule 1 of the Establishment
Rules would have to be understood to be not the same concept or
interchangeable with each other.
24. In the context of such conclusion, when we look into the Establishment
Rules, it is noticed that the Rules are framed under Sections 72(e), 74 and 75 of
the Regulations of 1891. Section 72(e) of the Regulations of 1891 provides for
the additional powers to make Rules by the State Government which again
would have to be consistent with the provisions of the Regulations itself and
further to generally carry out the provisions of the Regulations. Section 74
provides that every person who exercises any right in a reserved forest, or
village forest or who is permitted to remove any forest produce or to pasture
cattle or practice jhum cultivation in such forest and every person who is
employed by such person in such forest and every person in any village
contiguous to such forest who is employed by the Government shall be bound to
furnish to the nearest forest officer or any police officer any information which
he may possess as regards occurrence of a fire in or near a forest. Section 75
provides that all money other than fines payable to the Government under the
Regulations of 1891, if not paid, when due, can be recovered under the law as
an arrear of land revenue.
25. A reading of Section 72(e) of the Regulations of 1891 makes it discernible
Page No.# 41/49
that it is an additional power to make Rules consistent with the provisions of the
Regulations and generally to carry out the provisions of the Regulations. When
the Regulations itself does not provide for the concept of 'forest village', any
Rules that may be framed in exercise of the power under Section 72(e) cannot
be understood to be providing for creation of a 'forest village'.
26. But Section 74 refers to a person who exercises any right in a reserved
forest or in a 'village forest', or who is permitted to remove any forest produce
or to pasture cattle or practice jhum cultivation in such forest or who is
employed in such forest and provides that if such persons possess any
information in respecting the occurrence of any fire in or near such forest, or
the commission or intention to commit any forest offence, such person shall
without any delay furnish the information to the nearest forest officer or a police
officer.
27. The dominant purpose of Section 74 is that the information regarding
occurrence of any fire in or near a forest, or commission or intention to commit
any forest offence, is available with any such persons, referred therein, they are
bound to furnish the information to the nearest forest officer or police officer.
While describing the persons referred therein mention is made of such persons
who may exercise any right in a reserved forest or a 'village forest', or who may
be permitted to remove any forest produce, pasture cattle or practice jhum
cultivation, or who is employed in such forest. While describing the persons
mentioned therein, no reference is made of any 'forest village,' although, the
rights mentioned therein may be over a reserved forest or a 'village forest'. The
term 'village forest' in Section 74 would have to be understood to be a 'village
Page No.# 42/49
forest' under Section 29 of the Regulations of 1891 and not to be any 'forest
village' within the reserved forest.
From the provisions of Section 74 also, no conclusion can be arrived that
for carrying out the provisions of the Regulations of 1891, the State Government
had been authorized to frame any Rule providing for creation of a 'forest village'.
28. Section 75 of the Regulations of 1891 is for providing the manner in
which any money due to the Government in respect of any forest produce or for
any other purpose under the Regulations can be recovered. Section 75 also
does not provide for any such provision in the Regulations for creating a 'forest
village' within a reserved forest.
29. From a conjoint reading of Sections 72(e), 74 and 75 of the Regulations
of 1891, it is discernible that the additional rule making power of the State
Government does not empower for creating any 'forest village'. From such point
of view, although Rules 1 and 2 of the Establishment Rules, refer to 'forest
village', or establishing a 'forest village' within the limits of any reserved forest, it
cannot be read to be a village established or created within a reserved forest,
where the persons who may be in occupation of such village would have the
rights and entitlements as may be available to the persons in occupation of
otherwise a village simplicitor.
30. By the letter dated 06.11.1974 of the then Conservator of Forests, Hills,
Assam, Shillong, it had been provided that as hundred to two hundred bighas of
land are available without tree forests within the reserved forest which were
Page No.# 43/49
earlier occupied by Rang Reang people and who have been evicted, therefore,
sixty six landless people be allotted five bighas of rupit land and two bighas of
bari land on regular 'forest village' terms. In terms of the letter of the
Conservator of Forests, the Divisional Forest Officer, Cachar Division, by his
order dated 31.12.1975 had ordered that the persons who were allotted the
land be entertained as forest villagers over the respective allotted land. As the
concept of a 'forest village' itself is unavailable under the Regulations of 1981,
although, the term 'forest village' has been used in the letter dated 06.11.1974
of the Conservator of Forests, Hills, Assam and the order dated 31.12.1975 of
the Divisional Forest Officer, Cachar Division, the term 'forest village' referred in
the said letter dated 06.11.1974 and the order dated 31.12.1975 cannot be
equated with that of the legal rights that may flow in favour of the occupants of
otherwise a village simplicitor. Although the term 'forest village' has been used
in the letter dated 06.11.1974 and the order dated 31.12.1975, the right of the
occupants that may flow would be governed only by the law related to forests.
31. The reserved forests in Assam are governed by the provisions of the
Regulations of 1891 as well as that of the Forest Conservation Act 1980. The
Regulations of 1891 recognises certain rights over the land included in the
reserved forest like that of Right of Pasture, Right to Forest Produce, Right of
Way, Right to Water Course etc. From such point of view, the rights that may
accrue to the persons who are beneficiaries of the letter dated 06.11.1974 and
the order dated 31.12.1975 cannot exceed the rights that have been provided in
the Regulations of 1891. Although the letter dated 06.11.1974 and the order
dated 31.12.1975 purportedly issued under the Establishment Rules may have
provided some further rights, but such rights, if in conflict or beyond the rights
Page No.# 44/49
as provided in the Regulations of 1891, cannot have any legal sanction or
recognition.
32. Further, Section 2 of the Forest Conservation Act, 1980 (for short, the Act
of 1980) provides that notwithstanding anything contained in any other law for
the time being in force in a State, no State Government or any other authority
shall make, except with the prior approval of the Central Government, any order
directing, amongst others, that any forest land or any portion thereof may be
used for any non-forest purpose and that any forest land or any portion thereof
be assigned by way of lease or otherwise to any private person. The explanation
to Section 2 of the Act of 1980, provides that non-forest purpose means
breaking up or clearing any forest land or portion thereof for cultivation of tea,
coffee etc., or for any purpose other than reforestation purpose, but does not
include any work relating or ancillary to conservation, development, and
management of forests and wildlife, namely, the establishment of check-posts,
fire-lines, concert zone of fencing bridges, pipelines etc., or other light purposes.
Even if we go by the explanation to Section 2 of the Act of 1980, it is noticed
that it would be impermissible to convert or use any forest land within a
reserved forest for the purpose of allotment of land, where other non-forest
activities like cultivation, homested etc., can be carried out, even though the
purpose thereof may be cited for management of forest. Although the spirit may
be applicable, but we are not relying on the provisions of the Act of 1980,
inasmuch as, the rights claimed in this writ petition are pursuant to a letter
dated 06.11.1974 and an order dated 31.12.1975, which apparently are prior to
the Act of 1980.
Page No.# 45/49
33. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
Of Forest Rights) Act, 2006 (for short, the Act of 2006) has been enacted to
recognize and vest the forest right and occupation in forest land in forest
dwelling scheduled tribes and other traditional forest dwellers who have been
residing in such forest for generations, but whose rights could not be recorded.
The statement of objects and reasons of the Act of 2006 provides that forest
dwelling tribal people and forests are inseparable and one cannot survive
without the other. Although Section 2(f) of the Act of 2006 defines a 'forest
village', but such definition would be for the purpose of the Act of 2006,
inasmuch as, Section 2 begins with the expression 'in this Act' and secondly,
except for in Section 2(p)(iii) no reference is made to the expression 'forest
village' in the Act of 2006.
34. In any view of the matter, the Act of 2006 is for the purpose to recognize
and vest forest rights and occupation in forest land in the forest dwelling
scheduled tribes and other traditional forest dwellers, where both expressions
are defined in the Act of 2006 itself. From such point of view also, it cannot be
understood that a forest land inside the reserved forest can be allotted to a
group of persons merely by providing that as certain tribal people have been
evicted from the forest land, therefore, in order to ensure that they do not re-
encroach the land, the land inside the forest land be now allotted to some other
persons. In order to claim the legal rights over forest lands under the Act of
2006, the claimants would have to be either a forest dwelling scheduled tribe or
a traditional forest dweller, where both the concepts are defined. The petitioners
who were allowed to occupy the forest land inside the reserved forest as per the
letter of the Conservator of Forest dated 06.07.1974 are apparently neither
Page No.# 46/49
forest dwelling scheduled tribal nor they are other traditional forest dweller as
per the definitions in Section 2(c) and 2(o) of the Act of 2006. From such point
of view also no legal right has accrued to the petitioners under the Act of 2006.
Although the term 'forest village' finds place in Sections 2(f) and 2(o) of the Act
of 2006, but the provisions thereof cannot give a meaning or legitimacy that the
land in occupation of the petitioners inside a reserved forest would be a forest
village. Further the reference and meaning given to the term 'forest village' in
Section 2(f) and 2(o) is only for the purpose of the Act of 2006 and subjected to
'unless the context otherwise requires'. As the letter dated 06.11.1974 and order
dated 31.12.1975, allowing the petitioners to remain in the reserved forest is
under the Regulation of 1891, the concept of forest village would also have to
be examined within the provisions of the Regulations of 1891 and no attempt
can be made to under the concept by referring to Section 2(f) and 2(o) of the
Act of 2006.
35. In the background of the aforesaid propositions, the claim of the
petitioners for entering their names in the Jamabandi Register of Old Solamona
Boro Forest Village in terms of the letter dated 06.07.1974 and order dated
31.12.1975 so as to enable them to pay the revenue and also to restrain the
respondents from evicting the petitioners from their respective lands would have
to be examined.
36. The Jamabandi or in other words the Records of Rights in respect of land
is governed by the provisions of Section 40 of the Assam Land and Revenue
Regulations 1886 (for short, the Regulations of 1886). The note following
Section 40 of the Regulations of 1886 provides that the records of rights is the
Page No.# 47/49
jamabandi based on the chitha and field map. Section 41 of the Regulations of
1886 provides for the entries in the jamabandi and their effect to the extent that
it shall be founded on the basis of actual possession and all disputes regarding
such entries, whether taken up by the Settlement Officer on its own motion or
on an application of a party shall be investigated and decided on the basis of
possession and all such persons not in possession, but claiming a right to be
included in the jamabandi shall be referred to the proper Court.
37. A reading of the provisions of the Section 40 and 41 of the Regulations of
1886 make it discernible that the concept of jamabandi is applicable only in
respect of those land where a person may acquire the right of a proprietor, land
holder, or settlement holder or any other allotment as may be acceptable under
Chapter II of the Regulations of 1886, which provides for rights over land. The
land of the petitioners involved in this writ petition is admittedly a land located
inside a reserved forest where Chapter II of the Regulations of 1886 is
inapplicable. From such point of view the prayer made in the writ petition to
include the names of the writ petitioners in respect of their land located inside a
reserved forest in the jamabandi would be unacceptable inasmuch as, the
concept of jamabandi under the Regulations of 1886 is itself inapplicable in
respect of a land inside a reserved forest.
38. The other prayer of the writ petitioners to enter their names in the
jamabandi so as to enable them to pay the land revenues would also have to be
unacceptable inasmuch as, the concept of payment of land revenue is only in
respect of such lands covered by Chapter II of the Regulations of 1886
providing for rights over land.
Page No.# 48/49
39. With regard to the other prayer of the petitioners for restraining the
respondents from evicting them from their respective lands, again it is noticed
that the respective lands of the petitioners are located within a reserved forest.
The procedure for evicting a person from any land over which no person has
acquired a right of a proprietor, settlement holder or a land holder is provided
under Rule 18 of the Rules under the Regulations of 1886 and the procedure
under Rule 18 is available only in respect of such lands covered by the
Regulations of 1886. Admittedly, when the land of the petitioners is inside a
reserved forest, any eviction that may be made by the authorities would have to
be under the law of eviction applicable to a forest land and there can be no
direction to restrain any eviction by relating the claim to any entry to be made in
a jamabandi.
40. In such view of the matter, none of the prayers of the petitioners to enter
their names in the jamabandi, to pay the land revenue and also to restrain the
authorities from evicting them from the land inside the reserved forest would be
acceptable.
41. But, however, as the petitioners claim that as they are landless people as
depicted in the letter dated 06.07.1974, they may submit applications for
allotment of lands under the appropriate land policy of the Government of
Assam. In the event, it is done, such applications may be taken up as per law by
following the relevant procedure and it may be brought to its logical end within
three months of making any such application.
Page No.# 49/49
42. Writ petition stands dismissed in the above terms.
JUDGE
Comparing Assistant
