Gauhati High Court
Md. Jakir Ali vs The Union Of India And 3 Ors on 31 August, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010177132024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4389/2024
MD. JAKIR ALI
S/O- LATE ABDUL SATTAR, R/O- NORTH JALUKBARI, PHULPAHI NAGAR,
P.S. JALUKBARI, DIST. KAMRUP(M), ASSAM, PIN- 780012.
VERSUS
THE UNION OF INDIA AND 3 ORS
REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
GUWAHATI-781011.
2:THE NORTH EAST FRONTIER RAILWAY
MALIGAON
REPRESENTED BY GENERAL MANAGER
MALIGAON HEAD QUARTERS
GHY-781011.
3:THE DIVISIONAL MANAGER
N.F. RAILWAY
MALIGAON
GHY-781011.
4:THE ESTATE OFFICER
N.F. RAILWAY
MALIGAON HEAD QUARTERS
GHY-781011
For the Petitioner(s) : Mr. T. H. Hazarika, Advocate
For the Respondent(s) : Mr. K. Gogoi, CGC
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 31.08.2024
Heard Mr. T. Z. Hazarika, the learned counsel appearing on behalf of
the Petitioner and Mr. K. Gogoi, the learned CGC appearing on behalf of
the Union of India.
2. This Court vide an order dated 29.08.2024 had prima facie observed
that the judgment and order dated 31.07.2024 passed in Misc. Appeal
No.7/2024 by the learned Additional District Judge No.1, Kamrup (M) at
Guwahati (hereinafter referred to as "First Appellate Authority") called for
no interference taking into account that the findings arrived at are based
upon proper appreciation of evidence. This Court upon issuance of notice
made it returnable today thereby granting an opportunity to the
Petitioner to file an undertaking.
3. The dispute between the Petitioner as well as the Railway
Authorities is as regards the initiation of eviction proceedings under the
Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was
solely on the question that the land in question wherein the Petitioner
was in possession was a "Government land" and not "Railway land". The
land in question is described as Railway Plot No. 10 (Cat - 1 & 2) Plan
No. T/01/2023 at North Jalukbari between AGT-KYQ section under
Cadestrial Dag No. 337 (New) of Mouza Jalukbari Village Sadilapur
District:- Kamrup (Metro), Guwahati, Assam measuring an area of more
or less Hard = 9.00 Sqm & Soft = 24 Sqm bounded by in all sides
(hereinafter the said plot is referred to as "the said land").
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4. The Estate Officer of the Northeast Frontier Railway, Maligaon in
Eviction Case No. EO/MLG/19/2023 came to an opinion on the basis of
the evidence on record that the land in question is a Railway land and
issued directions for eviction. Being aggrieved, the Petitioner had assailed
the said order passed by the Estate Officer in Misc. Appeal No.7/2024.
5. This Court has perused the judgment dated 31.07.2024 and finds it
relevant to take note of the findings arrived as regards the point for
determination No.1. The learned First Appellate Authority after taking
into account the materials on record and including the evidence so
tendered by the Circle Officer of the Guwahati Revenue Circle had come
to an opinion that the land in question is a Railway land and not
Government land and on the basis thereof further came to a finding that
the said land would come within the ambit of "Public Premises" as
defined in Section 2(e) of the Public Premises (Eviction of Unauthorized
Occupants) Act, 1971. This Court has also taken note of the adjudication
so carried out by the learned First Appellate Authority in respect to the
other three points for determination and is of the opinion that the same
is in conformity with the provisions of law.
6. As already stated above, this Court finds it very relevant to reiterate
that when the instant writ petition was taken up on 29.08.2024, this
Court having prima facie opined that there was no illegality in the
judgment dated 31.07.2024 passed in Misc. Appeal No.07/2024 and gave
liberty to the Petitioner to submit an undertaking if he sought for some
reasonable time to vacate the land in question. Accordingly, the Petitioner
has filed an undertaking in the form of an additional affidavit on
30.08.2024 stating inter alia that the Petitioner shall vacate and hand
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over the vacant possession of the land being the subject matter of the
instant writ petition to the concerned authorities within a reasonable time
i.e. on or before the expiry of three months from the date of the order
dated 29.08.2024 or as directed by this Court. Paragraph 2 of the said
undertaking being relevant is reproduced herein under:
"2. That in compliance with the order dated 29.08.2024 passed in WP(C)
No.4389/2024, I do hereby undertake that I shall vacate and hand over the
vacant possession of the Government land being subject matter of this instant
writ petition to the concerned authorities that I am possessing and occupying
by constructing residential houses thereon, within a reasonable time on or
before expiry of 03 (three) months from the order dated 29.08.2024 of the
Hon'ble Court or as directed by the Hon'ble Court."
7. This Court during the course of the hearing inquired with the learned
counsel appearing on behalf of the Petitioner as to why in the
undertaking there is a mention of the Government land and not Railway
land. The learned counsel submitted that it was inadvertently mentioned
as Government land. It should have been mentioned as the Railway land.
This inadvertent mistake occurred on account of the requirement of filing
of the said undertaking in a short span of time. He submitted that the
words "Government land" mentioned in Paragraph No.2 of the said
additional affidavit should be construed as "Railway land".
8. Taking into account above, this Court has also heard Mr. K. Gogoi,
the learned CGC appearing on behalf of the Railway Authorities. He
submitted that the said land is required for infrastructure projects and
already demarcation has been carried out.
9. This Court taking into account the above undertaking and the fact
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that the Petitioner if not granted some reasonable time to vacate, it
would be difficult on the part of the Petitioner to get an alternative place
for dwelling in such a short span of time is of the opinion that some time
is required to be given to the Petitioner for vacating the land in question.
10. Accordingly, this Court without interfering with the judgment dated
31.07.2024 passed in Misc Appeal No.07/2024 grants 3 (three) months
time from today to the Petitioner to vacate the land in question and hand
over the vacant possession to the Railway Authorities. In other words,
the Petitioner has to vacate the land by 30.11.2024. It is observed and
directed that the Petitioner during this period up to 30.11.2024 shall not
create any third party interest upon the said land. Further to that, if the
Petitioner fails to vacate the land on or before 30.11.2024, the Railway
Authorities would be at liberty to take such actions as deemed fit to get
the vacant possession. In addition to that, the Petitioner herein shall be
liable for violation of the undertaking given to this Court for which
consequences shall follow.
11. With above observations and directions, the instant petition stands
disposed of.
12. Interim order passed on 29.08.2024 stands vacated.
JUDGE
Comparing Assistant
