Kuchumi Sonowal And Ors vs The State Of Assam And Anr ...
2023 Latest Caselaw 4614 Gua

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GAHC010253462023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/416/2023

         1: KUCHUMI SONOWAL AND ORS
         R/O NAGAON HOJUWA PATHER, NAHARKATIA,
         DIST- DIBRUGARH, ASSAM. PIN- 786610.
         2: DIMBESWAR RAJKHOWA
         S/O PANDU RAJKHOWA
         R/O NAGAON HOJUWA PATHER NAHARKATIA
         DIST- DIBRUGARH ASSAM. PIN- 786610.
         3: PRONATI SAIKIA
         W/O LAKHINATH NIRMOLIA
         R/O NAGAON HOJUWA PATHER
         NAHARKATIA DIST- DIBRUGARH ASSAM. PIN- 786610
         4: PUNAM HAZARIKA
         W/O DIPAK HAZARIKA
         R/O NAGAON HOJUWA PATHER
         NAHARKATIA DIST- DIBRUGARH ASSAM. PIN- 786610
         5: RINA RAJKHOWA
         D/O PANDU RAJKHOWA
         R/O NAGAON HOJUWA PATHER NAHARKATIA
         DIST- DIBRUGARH ASSAM. PIN- 786610
         6: BIRBOL GOWALA
         S/O LETAKU GOWALA
         R/O NAGAON HOJUWA PATHER
         NAHARKATIA DIST- DIBRUGARH ASSAM. PIN- 786610.
         7: PURABI RONGSWAL
         W/O LATE KULEN RONGSWAL
         R/O NAGAON HOJUWA PATHER
         NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610
         8: TULTULI BORAH
         W/O DIMHBESWAR BORAH
         R/O NAGAON HOJUWA PATHER
                                                                Page No.# 2/6

            NAHARKATIA DIST-DIBRUGARH ASSAM.PIN- 786610
            9: SASBASATI KHARIYA
            W/O RAJU KHARIYA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610
            10: BIPUL GOWALA
            S/O CHUNU GOWALA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610
            11: MOHAN KHARIYA
            S/O CHAMARA KHARIYA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610
            12: ARATI HAZARIKA
            D/O SARBA HAZARIKA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST-DIBRUGARH ASSAM.PIN- 786610
            13: KUSUMA GOGOI
            D/O BIKA GOGOI
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST-DIBRUGARH ASSAM.PIN- 786610
            14: LAKHI NATH NIRMOLIA
            S/O BISNU NIRMOLIA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610
            15: DIPAK HAZARIKA
            S/O TIPHESHWAR HAZARIKA
            R/O NAGAON HOJUWA PATHER
            NAHARKATIA DIST- DIBRUGARH ASSAM.PIN- 786610

                              VERSUS

            1: THE STATE OF ASSAM AND ANR REPRESENTED BY THE PRINCIPAL
            SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER
            MANAGEMENT DEPARTMENT, F BLOCK, 1ST FLOOR, ASSAM
            SECRETARIAT (CIVIL), DISPUR, GUWAHATI, ASSAM. PIN- 781006.

            2:THE DEPUTY COMMISSIONER
            DIBRUGARH ASSAM PIN- 786003

Advocate for the Petitioner   : MR M BARMAN

Advocate for the Respondent : SC, REVENUE
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                             -B E F O R E -
         HON'BLE MR. JUSTICE L.S. JAMIR, CHIEF JUSTICE (ACTING)
              HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                        ORDER

15.11.2023 (N. Unni Krishnan Nair, J.)

Heard Mr. M. Barman, learned counsel for the appellants. Also heard Mr. A. Bhattacharyya, learned standing counsel, Revenue Department, appearing for the respondent No.1 and Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam appearing for the respondent No.2.

By way of the present intra-Court writ appeal, the appellants have challenged the judgment & order dated 03.10.2023 passed by the learned Single Judge in WP(C) No.3901/2023. The appellants as writ petitioners had instituted the aforesaid writ petition, inter alia, assailing the oral directions issued to them to vacate the Sarkari land in their occupation and for a direction to provide them with alternative accommodation with all essential facilities.

The appellants/writ petitioners, as per the case projected, claim to be the residents of Na-Gaon Hojuwa Pathar, Naharkatia in the District of Dibrugarh and were in occupation of land covered by Sarkari Dags. It was the further contention of the appellants/writ petitioners that some of them had also constructed dwelling houses over the land under their occupation with the assistance of grants provided under the "Prime Minister's Awaas Yojana - Gramin (PMAY-G)".

The respondent No.2, i.e. the Deputy Commissioner, Dibrugarh by way of filing an affidavit in the writ proceedings had contended that the appellants/writ petitioners were encroachers of land covered by Government Dag Nos.44, 55 and 56. It was further contended that the proposal put up before the Sub-Divisional Land Advisory Committee (SDLAC) for allotment of Page No.# 4/6

alternative land in favour of the appellants/writ petitioners was also approved in the meeting of the SDLAC held on 26.09.2022. It was stated that the land under occupation of the appellants/writ petitioners was required for construction of a Mini Stadium at Na-Gaon Rajohuwa Khel Pathar, Naharkatia, for which, a construction contract had already been awarded to M/s Ganapati Construction Company, Guwahati.

On a detailed consideration of the submissions advanced by the learned counsel appearing for the parties to the proceeding and the materials available on record, the learned Single Judge, vide the judgment & order dated 03.10.2023, had concluded that the appellants/writ petitioners were in occupation of Sarkari land. The fact that 4(four) of the writ petitioners, i.e. the petitioner Nos.1, 6, 10 & 11, had constructed their dwelling houses by availing the grants under the PMAY-G Scheme to the tune of ` 1,30,000/- each was also noticed.

The learned Single Judge, upon consideration of the materials available on record, had disposed of the writ petition with the following direction:-

"Therefore, this writ petition is being disposed of with the following observations and directions:-

(i) All the writ petitioners shall be allotted land in the adjoining area by issuing separate allotment orders if not already done.

(ii) In case of the 4 (four) writ petitioners who had constructed dwelling houses with financial assistance under PMAY-G scheme, they will be paid an amount of Rs. 3 lakhs (three lakhs) each as compensation for the houses so constructed, so as to enable them to construct houses afresh.

(iii) Upon completion of the process under the Sl. No. (i) and (ii) above, the petitioners shall be given 15 days notice in writing asking them to vacate the land on their own.

(iv) If the petitioners or any of them fail to vacate the land even after expiry of 15 days notice period, as provided by this Court, in that event, the District Administration will be at liberty to proceed for eviction of the petitioners from Page No.# 5/6

the land by demolishing the constructions therein without serving any further notice. With the above observations, the writ petition stands disposed of."

The appellants/writ petitioners have now assailed the above directions issued by the learned Single Judge by way of instituting the present appeal.

During the course of hearing of the appeal, it is the contention of the learned counsel for the appellants/ writ petitioners that in addition, 4(four) petitioners, who had constructed dwelling houses over the land under their occupation by availing the grants under PMAY-G, the other petitioners also have dwelling houses constructed over the land in question but they have been denied compensation. As such, it was prayed that the other petitioners be also extended due compensation for demolition of their dwelling houses in the event of their eviction from the Sarkari land under their occupation. It was also in a passing manner contended that the alternative land allotted to them were not suitable.

Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam representing the respondent No.2 has submitted a list of allottees to whom allotment certificates of land was distributed, which list also contains the names of the appellants/writ petitioners and/or their spouses. The said list contains the signatures of the petitioners or their spouses as a mark of acceptance of the allotment so made. The instructions placed on record by the learned Additional Senior Government Advocate, Assam also reflects that the appellant Nos.1, 6, 10 & 11 have also received compensation amounting to ` 3,00,000/- each in terms of the directions passed by the learned Single Judge vide judgment & order dated 03.10.2023.

The directions passed by the learned Single Judge having been complied with by the respondent authorities and the same having been Page No.# 6/6

accepted by the appellants/writ petitioners, there exists no further grievance left to be adjudicated in the matter and the writ appeal is a misdirected one.

The appellants/writ petitioners cannot, by mere occupation of Sarkari land, claim to have any right to continue to occupy the said lands without having any title over the same. The respondent authorities having already allotted alternative plot of land to the appellants or their spouses after receiving necessary approval from the SDLAC, the grievance of the appellants/writ petitioners have been redressed and there exists no further scope of adjudication in the matter.

In view of the above, this writ appeal requires to be closed holding that the direction Nos.(i) and (ii) passed by the learned Single Judge vide the judgment & order dated 03.10.2023 having been complied with, the further directions at direction Nos.(iii) and (iv) now required to be complied with and the same be so complied with strictly in terms of the directions passed by the learned Single Judge vide judgment & order dated 03.10.2023.

The writ appeal accordingly stands disposed of in terms of the above.

                      JUDGE                         CHIEF JUSTICE (ACTING)




Comparing Assistant