Gauhati High Court
Page No.# 1/14 vs The State Of Assam And 3 Ors on 8 November, 2024
Author: Chief Justice
Bench: Chief Justice
Page No.# 1/14
GAHC010170412021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/66/2021
LAKHESWAR DEORI AND ANR.
S/O- LT. TIKORAM DEORI, R/O- VILL- SUNPURA, P.S. SANGSHAP, DIST.-
TINSUKIA, ASSAM
2: MOHIM SONWAL
S/O- LT. SOSHIDHAR SONWAL
R/O- VILL- UDOINAGAR
P.O. AND P.S. SADIYA
DIST.- TINSUKIA
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, REVENUE AND
DISASTER MANAGEMENT DEPTT., DISPUR, GHY-06
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY-06
3:THE DY. COMMISSIONER
TINSUKIA
OFFICE OF THE DY. COMMISSIONER
P.O. AND P.S. TINSUKIA
TINSUKIA
ASSAM- 786125
4:THE CIRCLE OFFICER
OFFICE OF THE CIRCLE OFFICER
SADIYA REVENUE CIRCLE
P.O. AND P.S. SADIYA
TINSUKIA
ASSAM- 786155
Page No.# 2/14
5:ASSAM GORKHA SANMMELLAN
REPRESENTED BY ITS PRESIDENT SHRI KRISHNA BHUJEL
RESIDENT OF MANI KUMAR SUBBA BHAWAN
PALTAN BAZAR
P.S-PALTAN BAZAR
GUWAHATI-07.
6:KRISHNA BHUJEL
PRESIDENT ASSAM GORKHA SANMMELLAN
S/O TIL BAHADUR BHUJEL
R/O H.NO.4
JONAKI MAHANTA PATH PACHIM BORA GAON
GOTA NAGAR
P.S-GORCHUK
GUWAHATI-33
DIST-KAMRUP(M)
ASSAM.
7:RAJU DHAKAL
S/O LATE CHURAMONI SARMAH
GENERAL SECRETARY
ASSAM GORKHA SANMMELLAN
R/O HILL VIEW APARTMENT NEAR STATE ZOO
JONALI
ZOO ROAD
P.O AND P.S-GEETA NAGAR
GUWAHATI-24
DIST-KAMRUP(M)
ASSAM
8:YUVRAJ GODTOLA
PRESIDENT
ASSAM GORKHA SANMMELLAN KAMRUP(M)
DISTRICT COMMITTEE
S/O-PRABAKAR GODTOLA
R/O-PUB MADHAB NAGAR
MALIGAON
P.O-DEVKOTANAGAR
P.S-JALUKBARI RAILWAY HEAD QUATERS
GUWAHATI-11
DIST-KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. M
SARANIA
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 3/14
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of hearing : 28.10.2024
Date of Judgment & Order : 08.11.2024
JUDGMENT & ORDER (CAV)
(N. Unni Krishnan Nair, J.)
Heard Mr. H. R. A. Choudhury, learned senior counsel, assisted by Mr.
M. A. Choudhury, learned counsel, appearing on behalf of the petitioners.
Also heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam; Ms.
N. Bordoloi, learned standing counsel, Revenue & Disaster Management
Department; and Mr. R. P. Sarmah, learned senior counsel, assisted by Mr.
M. R. Adhikari, learned counsel; appearing on behalf of their respective
respondents.
2. The challenge in the present Public Interest Litigation (PIL) is to a
Notification, dated 20.07.2021, issued by the Government of Assam,
Revenue(Settlement & Disaster Management Department) towards
including the communities mentioned therein, in the list of protected
classes of persons in Sadiya Tribal Belt, in exercise of powers conferred by
Regulation 160(2) of Chapter X of the Assam Land & Revenue Regulation,
1886(as amended).
3. The petitioners, herein, have projected themselves to belong to the
indigenous Scheduled Tribes of the District of Tinsukia, Assam, and being
social workers; have proceeded to institute the present Public Interest
Litigation(PIL), on behalf of the Scheduled Tribes and original backward
Page No.# 4/14
classes of Sadiya Tribal Belt, against the action on the part of the
respondent authorities in issuing the said Notification, dated 20.07.2021.
4. The projection made in this Public Interest Litigation (PIL) petition is
that the Notification, dated 20.07.2021, came to be issued without the
State Government drawing the requisite satisfaction under Regulation
160(1) of Chapter X of the Assam Land & Revenue Regulation, 1886 (as
amended), that the communities involved, on account of their primitive
condition and lack of education or material advantages, are incapable of
looking after their welfare, insofar as, such welfare depends upon their
having sufficient land for their maintenance.
5. Mr. Choudhury, learned senior counsel appearing on behalf of the
petitioners, by referring to the provisions of Chapter X of the Assam Land &
Revenue Regulation, 1886 (as amended), has submitted that the same was
so incorporated primarily for the protection of the tribal communities
residing in areas covered by it, with the objective of protecting their rights.
6. Mr. Choudhury, learned senior counsel, has further submitted that
inclusion of the communities as mentioned in the Notification, dated
20.07.2021, in the list of protected classes of persons residing in Sadiya
Tribal Belt; was so issued without satisfying the required conditions as
specified under the provisions of Regulation 160(1) of the said Regulation
of 1886.
7. Mr. Choudhury, learned senior counsel, has also submitted that on
account of issuance of the said Notification, dated 20.07.2021; the rights of
Page No.# 5/14
the existing protected classes of persons residing in Sadiya Tribal Belt, has
been infringed with. The learned senior counsel has submitted that the
communities now included in the list of protected classes of persons
residing in Sadiya Tribal Belt, vide Notification, dated 20.07.2021, are all
socially, economically and politically advanced communities and
accordingly, they are not in the need of any special protection, more
particularly, the protection as provided for under the provisions of Chapter
X of the Assam Land & Revenue Regulation, 1886(as amended).
8. Mr. Choudhury, learned senior counsel, has also submitted that in
terms of the Notification, dated 20.07.2021, and the inclusion of the
communities as mentioned therein in the list of the protected classes of
persons residing in Sadiya Tribal Belt; the respondent authorities had
proceeded to issue land pattas to the members of such communities which
has the effect of defeating the very purpose behind incorporation of
Chapter X in the Assam Land & Revenue Regulation, 1886(as amended).
9. Mr. Choudhury, learned senior counsel, has further submitted that
none of the communities now included in the list of protected classes of
persons in Sadiya Tribal Belt, vide Notification, dated 20.07.2021, belonged
to the Scheduled Tribe communities and accordingly, the respondent
authorities, by inclusion of such communities in the list of protected
classes; has violated the provisions of Regulation 160(1) of Chapter X of
the Assam Land & Revenue Regulation, 1886(as amended).
10. In the above premises, Mr. Choudhury, learned senior counsel for the
petitioners, has submitted that this Court would be pleased to interfere
Page No.# 6/14
with the Notification, dated 20.07.2021, along with the consequential steps
taken by the respondent authorities in pursuance thereof.
11. Per contra, Mr. Mazumdar, learned Addl. Advocate General, Assam,
appearing on behalf of the State respondents, has submitted that the
provisions of Chapter X of the Assam Land & Revenue Regulation, 1886 (as
amended), is applicable to all backward classes, as would be specified by
the State Government in exercise of its power conferred under Regulation
160(2) of the said Regulation of 1886, in protected belts and blocks.
12. Mr. Mazumdar, learned Addl. Advocate General, Assam, has further
submitted that the provisions of Chapter X of the Assam Land & Revenue
Regulation, 1886 (as amended), were so incorporated in the said
Regulation of 1886, with the objective to enable the State Government to
specify the backward classes and constitute compact areas as protected
belts and blocks. It is submitted that the communities concerned on being
so included in the protected list, would be entitled to special protection
measures like settlement of government land, rights of settlement holders
and land holders.
13. Mr. Mazumdar, learned Addl. Advocate General, Assam, has also
submitted that the Notification, dated 20.07.2021, was issued after a due
exercise was carried-out by the respondent authorities in the matter to
ascertain as to whether the communities so included vide the said
Notification, in the list of protected classes in Sadiya Tribal Belt; were
actually required to be so included.
Page No.# 7/14
14. Mr. Mazumdar, learned Addl. Advocate General, Assam, has submitted
that the matter was first considered by a Cabinet Sub-Committee. The said
committee had carried-out a detailed examination as regards the living
conditions and suffering of the communities so mentioned in the said
Notification, dated 20.07.2021. However, since the matter could not be
finalized; the Revenue & Disaster Management Department, Assam, was
entrusted to examine the issues involved, in the month of June, 2021. On
conclusion of the examination of the issue as mentioned hereinabove; a
Cabinet Memorandum was prepared considering the materials brought on
record. Thereafter, the Cabinet after considering the deliberations made by
the Cabinet Sub-Committee, as well as the materials coming on record in
the examination as carried-out in the matter by the Revenue & Disaster
Management Department and after a thorough deliberation of the issues so
arising, in its meeting held on 15.07.2021, approved the proposal for
inclusion of Moran, Matak, Ahom, Chutia and Gorkha communities in the
list of protected classes of persons residing in the Sadiya Tribal Belt.
Thereafter, the Notification, dated 20.07.2021, was so issued by the
Revenue & Disaster Management Department, Assam.
15. Mr. Mazumdar, learned Addl. Advocate General, Assam, has submitted
that the specifications as made under the provisions of Regulation 160(1)
of Chapter X of the Assam Land & Revenue Regulation, 1886(as amended);
was duly complied with before the Notification, dated 20.07.2021, was so
issued by the State Government under the provisions of Regulation 160 of
the Regulation of 1886(as amended).
16. Mr. Mazumdar, learned Addl. Advocate General, Assam, in the above
Page No.# 8/14
premises, has submitted that the satisfaction required to be drawn by the
State Government under the provisions of Regulation 160(1) of Chapter X
of the Assam Land & Revenue Regulation, 1886(as amended); having been
so drawn and the decision so arrived at to include the communities as
mentioned in the Notification, dated 20.07.2021, in the list of protected
classes of persons in Sadiya Tribal Belt, in the absence of materials being
brought on record disputing the conclusions so arrived at in the matter by
the State Government; the present Public Interest Litigation(PIL) would not
mandate a consideration by this Court. Accordingly, the learned Addl.
Advocate General, Assam, has submitted that the instant Public Interest
Litigation(PIL) is required to be dismissed at the threshold.
17. We have heard the learned counsels appearing for the parties and
also considered the materials available on record.
18. The grievance of the petitioners in the present Public Interest
Litigation(PIL) is in relation to the inclusion of Moran, Matak, Ahom, Chutia
and Gorkha communities in the list of protected classes of persons who are
permanently residing in the Sadiya Tribal Belt in exercise of powers as
conferred under the provisions of Regulation 160(1) of Chapter X of the
Assam Land & Revenue Regulation, 1886(as amended).
19. The petitioners have, in this connection, presented a challenge to the
Notification, dated 20.07.2021, so issued by the State Government in
exercise of powers as conferred under Regulation 160(2) of the said
Regulation of 1886. The Regulation 160 of the aforesaid Regulation of
1886(as amended), being of relevance to the issues arising in the present
Page No.# 9/14
proceeding; is extracted hereinbelow for ready reference:
"160. Protection of certain classes.-
(1) Notwithstanding anything hereinbefore contained, the [State) Government
may adopt such measures as it deems fit for the protection of those classes who on
account of their primitive condition and lack of education or material advantages are
incapable of looking after their welfare in so far as such welfare depends upon their
having sufficient land for their maintenance.
(2) The [State] Government may, by notification in the Official Gazette, specify
the classes of people whom it considers entitled to protection by such measures as
aforesaid."
20. On perusal of the provisions of Chapter X of the Assam Land &
Revenue Regulation, 1886(as amended); it is revealed that the said
Chapter was so included in the Regulation of 1886(as amended), for the
protection of backward classes. The power to determine as to which of the
classes would be entitled for protection, was so reposed upon the State
Government.
21. The provisions of Regulation 160(1) starts with a non-obstante clause
and the same mandates that the State Government shall adopt such
measures as it deems fit for the protection of those classes who on account
of their primitive condition and lack of education or material advantages,
are incapable of looking after their welfare insofar as such welfare depends
upon their having sufficient land for their maintenance. The State
Government on identification of such classes covered by the provisions of
Regulation 160(1) of Chapter X of the Assam Land & Revenue Regulation,
1886(as amended); is required to issue a Notification in the Official Gazette
in terms of the provisions of Regulation 160(2) of the Regulation of 1886,
specifying the classes of people whom it considers entitled to protection by
adopting measures as provided in Regulation 160(1).
Page No.# 10/14
22. The State Government in exercise of its powers conferred by
Regulation 160(2) of Chapter X of the Assam Land & Revenue Regulation,
1886(as amended), having included the Moran, Matak, Ahom, Chutia and
Gorkha communities in the list of protected classes of persons residing in
Sadiya Tribal Belt; it is to be examined as to whether prior to issuance of
such Notification under the provisions of Regulation 160(2) of the said
Regulation of 1886(as amended); the satisfaction as required to be drawn
in the matter under the provisions of Regulation 160(1) of the said
Regulation of 1886(as amended), was so drawn by the State Government
in the matter.
23. At this stage; it is to be noted that during the consideration of the
present Public Interest Litigation(PIL); this Court vide order, dated
01.02.2023, having noticed that the condition precedent for issuing a
Notification under Regulation 160(2) is the satisfaction required to be
arrived at under Regulation 160(1) of Chapter X of the Assam Land &
Revenue Regulation, 1886(as amended); had required the respondent
authorities to place on record, materials with regard to the satisfaction as
arrived at in respect of the inclusion of Moran, Matak, Ahom, Chutia and
Gorkha communities, as mentioned in the Notification, dated 20.07.2021,
in the list of protected classes of persons in Sadiya Tribal Belt.
24. The respondent authorities have filed an additional affidavit in the
matter on 16.07.2024, and therein, had brought on record materials to
demonstrate that the satisfaction as drawn by the State Government with
regard to the necessity of inclusion of Moran, Matak, Ahom, Chutia and
Gorkha communities in the list of protected classes of persons residing in
Page No.# 11/14
Sadiya Tribal Belt.
25. A perusal of the said additional affidavit filed by the respondent
authorities, would go to reveal that the Cabinet in its meeting held on
21.10.2019, had constituted a Cabinet Sub-Committee to examine the
issues related to indigenous inhabitants of Tribal belts and blocks which was
contended to be also a part of the policy decision as contained in clause
17.6 of the land policy of the State of 2019. Accordingly, the Cabinet Sub-
Committee as constituted on 21.02.2020, deliberated on the issue in its
meetings held on 28.08.2020, 10.09.2020, 23.09.2020, 19.10.2020,
29.10.2020, 11.02.2021 and 22.02.2021. The said Committee during its
deliberations, had considered the living conditions and sufferings of the said
communities now included in the list of protected classes of persons in
Sadiya Tribal Belt vide the Notification, dated 20.07.2021. The Cabinet Sub-
Committee had also considered the historical perspective of Sadiya and the
reasons as brought on record which demonstrated that most of the non-
protected people of Sadiya Tribal Belt were yet to get land title showing
linkage although they have been living permanently in the area prior to
formation of Sadiya Tribal Belt. However, as the examination involved could
not be completed by the said Committee; the matter was entrusted to the
Revenue & Disaster Management Department, Assam, for further
examination in the month of June, 2021. Basing on the deliberations as
made by the said Committee as well as basing on the materials collected by
the Revenue & Disaster Management Department in course of the
examination of the issue as entrusted to it; a Cabinet Memorandum was
prepared for inclusion of the communities finding mention in the
Notification, dated 20.07.2021, in the list of protected classes of persons in
Sadiya Tribal Belt. It is further highlighted that the materials brought on
Page No.# 12/14
record in the matter before the Cabinet, had revealed that the said
communities due to their primitive condition and lack of educational
qualification and/or material advantages of the said communities; were
incapable of looking after their welfare, more particularly, the fact that due
to illiteracy of the members of the said Communities; the communities, in
question, could not get settlement of their land and many of them had lost
their land documents.
26. The said additional affidavit further goes to highlight that after
making a proper investigation of the community-wise population of the
communities involved in Sadiya and ascertaining their numbers; it was
found that the members of the said communities were suffering from
various reasons including the effects of the great Sadiya earthquake of
1950 followed by severe floods and erosion which had resulted in the said
communities losing their belongings as well as other relevant records
including the land documents.
27. It is further projected that the Cabinet in its meeting held on
15.07.2021, after considering all the materials brought on record before it
which had emanated both from the deliberations of the Cabinet Sub-
Committee in its various meetings as well as the materials brought on
record in course of the examination of the matter by the Revenue &
Disaster Management Department, Assam, and drawing due satisfaction
that the communities as specified in the said Notification, dated
20.07.2021, were on account of their primitive condition, lack of education
and/or material advantages, were incapable of looking after their welfare
and further drawing satisfaction that such welfare depends upon they
Page No.# 13/14
having sufficient land for their maintenance; approved the proposal for
inclusion of Moran, Matak, Ahom, Chutia and Gorkha communities in the
list of protected classes of persons in Sadiya Tribal Belt.
28. Accordingly, it was projected in the said additional affidavit that the
satisfaction as required under Regulation 160(1) of Chapter X of the Assam
Land & Revenue Regulation, 1886(as amended), was so drawn prior to
issuance of the Notification, dated 20.07.2021, in exercise of its powers
conferred under Regulation 160(2) of the said Regulation of 1886(as
amended).
29. We have perused the materials brought on record highlighting the
manner in which the satisfaction was drawn by the State Government
under the provisions of the Regulation 160(1) of Chapter X of the Assam
Land & Revenue Regulation, 1886(as amended), pertaining to the issue of
inclusion of the Moran, Matak, Ahom, Chutia and Gorkha communities in
the list of protected classes of persons in Sadiya Tribal Belt. The said
additional affidavit was filed on 16.07.2024. However, it is seen that the
petitioners have not brought on record any material to dispute the
contentions as made in the said additional affidavit.
30. On a perusal of the materials brought on record in support of the
satisfaction drawn by the State Government requisite for the inclusion of
the communities mentioned in the Notification, dated 20.07.2021, in the
list of protected classes of persons in Sadiya Tribal Belt; we find that the
same are in compliance of the requirement as spelt-out under the
provisions of Regulation 160(1) of Chapter X of the Assam Land & Revenue
Page No.# 14/14
Regulation, 1886(as amended).
31. The above position further when viewed in the light of the fact that
the petitioners, herein, have not disputed the manner in which the
satisfaction was drawn by the State Government; we are of the considered
view that it has to be concluded that the respondents State prior to
issuance of the Notification, dated 20.07.2021, under the provisions of
Regulation 160(2) of Chapter X of the Assam Land & Revenue Regulation,
1886(as amended); had duly drawn the requisite satisfaction as mandated
under the Regulation 160(1) of the said Regulation of 1886, and the same
would not mandate any interference by this Court. Accordingly, the
Notification, dated 20.07.2021, would also not call for any interference.
32. In view of the above discussions and the conclusions reached by us
hereinabove, we are of the considered view that the present Public Interest
Litigation(PIL) petition would not merit a further consideration and
consequently, the same stands closed.
JUDGE CHIEF JUSTICE
Comparing Assistant
