Page No.# 1/ vs The State Of Assam And 6 Ors
2025 Latest Caselaw 7448 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 6 Ors on 18 September, 2025

                                                                    Page No.# 1/11

GAHC010045932020




                                                              2025:GAU-AS:12899

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

                             Case No. : WP(C)/1412/2020

         IRABOTI GOYARY
         W/O- SRI ROBIN GOYARY, R/O- NO. 2 CHAPAGURI, P.O. CHAPAGURI, P.S.
         DHALIGAON, DIST.-CHIRANG, BTAD, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, LAND
         REVENUE DISASTER MANAGEMENT DEPTT., DISPUR, GHY.-06.

         2:THE PRINCIPAL SECY.
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR.

         3:THE JT. SECY.
          BTC
          KOKRAJHAR.

         4:THE CIRCLE OFFICER
          SIDLI REVENUE CIRCLE
          SIDLI
          KOKRAJHAR.

         5:THE KAJALGAON TOWN COMMITTEE
          REP. BY ITS CHAIRMAN
          KAJALGAON TOWN COMMITTEE
          P.O. KAJALGAON
          DIST.- CHIRANG
          BTAD
         ASSAM
          PIN- 783385.
                                                                       Page No.# 2/11

            6:THE CHAIRMAN
             KAJALGAON TOWN COMMITTEE
             P.O. KAJALGAON
             DIST.- CHIRANG
             BTAD
            ASSAM
             PIN- 783385.

            7:THE EXECUTIVE ENGINEER
             PWD (ROADS AND BUILDING)
             KAJALGAON
             DIST.- CHIRANG
             BTAD

Advocate for the Petitioner   : MR H R A CHOUDHURY, MR F U BARBHUIYA,MS S DAS

Advocate for the Respondent : SC, REVENUE, SC, BTC,SC, PWD




             Linked Case : WP(C)/794/2019

            IRABOTI GOYARY
            W/O- SRI RABIN GOYARY
             VILL NO 2 CHAPAGURI
             P.O. CHAPAGURI
             P.S. DHALIGAON
             DIST- CHIRANG
             BTAD
             ASSAM
             PIN- 783380


             VERSUS

            THE STATE OF ASSAM AND 6 ORS.
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
            LAND REVENUE DISASTER MANAGEMENT DEPTT.
            DISPUR
            GHY-6

            2:THE PRINCIPAL SECRETARY
            BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR
             PIN- 783370
                                                       Page No.# 3/11


3:THE JOINT SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
PIN- 783370

4:THE CIRCLE OFFICER
SIDLI REVENUE CIRCLE
SIDLI
KOKRAJHAR
PIN- 783370

5:THE KAJALGAON TOWN COMMITTEE
REP. BY ITS CHAIRMAN KAJALGAON TOWN COMMITTEE
P.O. KOKRAJHAR
DIST- CHIRANG
BTAD
ASSAM
PIN- 783370

6:THE CHAIRMAN
KAJALGAON TOWN COMMITTEE
P.O. KOKRAJHAR
DIST- CHIRANG
BTAD
ASSAM
PIN- 783370

7:THE EXECUTIVE ENGINEER
PWD (ROADS AND BUILDING)
KAJALGAON
DIST- CHIRANG
BTAD
PIN- 783370
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
REVENUE appearing for THE STATE OF ASSAM AND 6 ORS.
                                                                        Page No.# 4/11

                           :::BEFORE:::
                 HON'BLE MR. JUSTICE KARDAK ETE

                              JUDGMENT (ORAL)

18.09.2025

Heard Mr. F. U. Barbhuiya, learned counsel for the petitioner. Also heard Mr. M. A. Bhattacharjee, learned Government Advocate for State respondent No. 1; Ms. R. B. Bora, learned Standing Counsel, BTC for respondent Nos. 2, 3, 4 & 7; and Mr. K. R. Patgiri, learned counsel for respondent Nos. 5 & 6.

2. Challenges made in these writ petitions are to the Notice dated 30.11.2018, issued by the Chairman, Kajalgaon Town Committee, Chirang, BTC, and the subsequent Communication dated 10.10.2019, issued by the Vice Chairman, Kajalgaon Municipal Board, Chirang, BTC, whereby the husband of the petitioner was directed to remove the shops and stop construction work on the roadside of the PWD road and National Highway at Chapaguri Chariali, and suspension of No Objection Certificate (NOC) permitting construction of Brick Boundary Wall and RCC Building.

3. The brief facts of the case, shorn of unnecessary details, is that the petitioner is the owner of the land measuring 3 Kathas 10 Lechas, covered by Dag No. 325 and 327/490 under P.P. No. 72 and 149 of Village No. 2 Chapaguri under Sidli Revenue Circle of Chirang District, which has been validly purchased from one Pramila Bala Brahma and Shri Sashanka Brahma vide registered Sale Deed dated 02.09.2013. The petitioner claims that the some portions of the Page No.# 5/11

land is commercial land having 11 numbers of shops constructed with brick walls and tin roofs, which is situated within the municipality area of Kajalgaon Town Committee.

4. It is contended that with a view to construct brick boundary wall and RCC building over the patta land, the petitioner submitted applications dated 15.12.2015 and 23.04.2018 before the respondent authorities seeking No Objection Certificates. The respondent authorities, vide communication dated 28.01.2016, granted permission to the petitioner to construct the brick boundary wall, which has been constructed accordingly. Likewise, vide Letter dated 07.06.2018, the petitioner was granted permission by issuing No Objection Certificate for construction of RCC building over the patta land.

5. It is contended that the petitioner has purchased the land in question consisting of 11 numbers of shops having brick wall with tin roof. Thereafter, the shops were leased out to different tenants, who are presently running their shops therein. The petitioner has been paying the land revenue from time to time and without any default. It is further contended that the respondent No. 6 suddenly issued the impugned Notice dated 30.11.2018 to the husband of the petitioner, alleging the petitioner has illegally occupied the land and constructed shop rooms near the PWD roadside at Chapaguri Chariali under Kajalgaon Town Committee and thereby directed to remove the shops within 15.12.2018. On receipt of the impugned notice, the husband of the petitioner submitted a representation on 21.12.2018 before the respondent authorities, clearly stating that the petitioner is not an illegal occupant of the land in question, which stands near the PWD roadside and National Highway at Chapaguri Chariali, rather she is the rightful owner of the Patta land by virtue of a registered sale Page No.# 6/11

deed.

6. Thereafter, the respondent authorities on 28.01.2019 have carried out the eviction drive by dismantling 5 (five) numbers of shops and the boundary wall belonging to the petitioner. Against the aforesaid action, the petitioner has filed instant writ petition, being WP(C) No. 794/2019. During the pendency of WP(C) No. 794/2019, the Vice Chairman, Kajalgaon Municipal Board, Chirang, issued the impugned Communication dated 10.10.2019, and directed to stop the construction work with immediate effect stating that the petitioner has filed a case before this Court being WP(C) No. 794/2019 which speaks itself and thereby suspended the No Objection Certificate, issued by the respondent; against which, the present subsequent writ petition, being WP(C) No. 1412/2020, is came to be filed.

7. Mr. F. U. Barbhuiya, learned counsel for the petitioner, submits that the land measuring 3 Katha 10 Lechas, covered by Dag No. 325 and 327/490 under P.P. No. 72 and 149 of Village No. 2 Chapaguri under Sidli Revenue Circle of Chirang District, was validly purchased by the petitioner with 11 numbers of shop rooms on the said Patta land. On the application of the petitioner, the respondent authorities have issued the permission/NOC for construction of the brick boundary wall and RCC building, for which the petitioner has obtained loan from different banks. He submits that the action of demolition of 5 (five) shops out of 11 (eleven) shops, which is within the Patta land, is arbitrary and illegal inasmuch as the shops are within Patta land. He submits that due to illegal demolition of 5 (five) shops, the petitioner has suffered a financial loss to the tune of Rs. 15,00,000/- (Rupees fifteen lakhs) only, which the respondent authorities are bound to compensate. Therefore, he submits that both the Page No.# 7/11

impugned notice dated 30.11.2018 and communication dated 10.10.2018 may be set aside and quashed.

8. On the other hand, Ms. R. B. Bora, learned Standing Counsel, BTC, and Mr. K. R. Patgiri, learned counsel for respondent Nos. 5 & 6, while referring to their respective affidavits, have submitted that although the 11 numbers of shops having brick wall with tin roof have been constructed by the husband of the petitioner over the Govt./PWD roadside and NH-31 after purchasing the patta land by his wife, no permission was ever granted by the Town Committee for construction or operation of said shops. It is submitted that due to proposed construction of the drainage parallel to the road, it became necessary to remove the illegally constructed structures and hence the Town Committee has initiated the eviction process after following due process of law.

9. Learned counsel for the respondents submits that the petitioner is trying to mislead this Court that the said shops in question are situated over her patta land and their construction has been done after receiving proper permission from the Kajalgaon Town Committee. The respondent authority issued a Notice dated 30.11.2018 to the husband of the petitioner and his representation dated 21.12.2018 was duly considered. However, after careful examination, it was found that the said 11 shops with tin roofed structure have been illegally constructed over the PWD/Govt. land situated beyond the land of the petitioner. Therefore, the respondent authority issued the final notice dated 19.01.2019 whereby the petitioner was directed to remove the illegally occupied shops within 28.01.2019. Having no response, the respondent authorities carried out the eviction drive. It is submitted that the petitioner was illegally occupying the government khas land and for which, the eviction was carried out. The Page No.# 8/11

petitioner's patta land has been demarcated and eviction was carried out for illegally occupying government khas land as per land revenue rules on PWD Government Khas land.

10. I have considered the submissions of learned counsel for the parties and also perused the materials available on record.

11. It is an admitted position that the petitioner is the owner of a plot of land measuring 3 Katha 10 Lechas covered by Dag No. 325 and 327/490 under P.P. No. 72 and 149 situated at Village No. 2 Chapaguri under Sidli Revenue Circle within the municipality area of Kajalgaon Town Committee, which has been purchased in the year 2013 and registered on 02.09.2013. The respondent authorities, on the application of the petitioner, vide communication dated 28.01.2016 and NOC dated 07.06.2018, have granted permission to construct brick wall boundary and RCC building at Ward No. 4 (Chapaguri) of Kajalgaon Town under Dag No. 327/490, 325 and Patta No. 147/72. Thereafter, the impugned notice dated 30.11.2018 was issued by the Chairman, Kajalgaon Town Committee to all the shopkeepers to remove the shops on or before 15.12.2018 on their own responsibility, else the shop houses will be demolished/dismantle as per law, on the ground that due to illegal occupation of the land by constructing shops on the Road side of PWD and National Highway at Chapaguri Chariali, there is a great difficulty for running the vehicles and that would cause accident at any moment. A copy of the impugned notice dated 30.11.2018 was also forwarded to the husband of the petitioner, namely, Shri Robin Goyary.

12. The husband of the petitioner, vide representation dated 21.12.2018, Page No.# 9/11

responded the impugned notice stating inter alia that he is not in illegal possession or unauthorized occupation of the land beside the Chapaguri Road and National Highway, rather it is the patta land and she had purchased the said land through registered sale deed in the year 2013 and her wife (present petitioner) constructed her dwelling house thereon and in front of her plot of land, she constructed small shops to earn her living. Accordingly, vide the said representation dated 21.12.2018, the husband of the petitioner denied the illegal encroachment or occupation on the ground that the land in question falls within the patta land and the shops stands on the plot of land of his wife, i.e. the petitioner, is far away from the Chapaguri Road as well as the National Highway No. 31.

13. During the pendency of WP(C) No. 794/2019, the Vice Chairman, Kajalgaon Municipal Board, Chirang, BTC, has issued the impugned communication dated 10.10.2019, whereby the petitioner has been directed to stop construction work and the No Objection Certificate issued to construct the said brick boundary wall and building has been suspended stating that the petitioner has filed WP(C) No. 794/2019 which speaks itself.

14. On consideration of the materials on record, it is seen that before issuance of the impugned notice, the Lat Mandal of the area has demarcated roadside and confirmed the illegal construction of the temporary shops by both sides of PWD roads nearby the NH-31 at Chapaguri area at Ward No. 4. It is recorded that 11 (eleven) numbers of tin roofed shops are constructed by the husband of the petitioner over the Government/PWD land beyond the patta land of the petitioner. Having found that the husband of the petitioner has constructed the shops beyond the patta land, which falls under the PWD road/NH-31, the Page No.# 10/11

petitioner was evicted by removing the shops standing on the government land and thereby removed the shops.

15. Since the categorical stand of the State respondents that the petitioner has constructed the shops beyond the patta land which falls under the government land (PWD land and the NH-31), although the petitioner has submitted that the land falls within the Patta land and not beyond or on the government land, it would be difficult for this Court to decide the disputed question of facts while exercising the writ jurisdiction. Nevertheless, it appears that the petitioner has constructed the shops beyond her patta land, encroaching upon Government land adjoining to public road and National Highway, which cannot be encouraged.

16. The other aspect of the matter which requires consideration is that the respondent authorities on being irked by filing of WP(C) No. 794/2019 has issued the subsequent order or communication dated 10.10.2019 directing the petitioner to stop construction work thereby suspended the No Objection Certificate, to which, this Court is of the considered view that same would equally be not permissible as it is seen that the NOC/permission was issued and granted on consideration of the fact that the petitioner has sought for construction of boundary wall and RCC building on the plot of land measuring 3 Katha 10 Lechas covered by Dag No. 325 and 327/490 under P.P. No. 72 and 149 of Village No. 2 Chapaguri, which appears to have been legally purchased and owned by the petitioner. Thus, the action resorted to by the respondent authorities in directing stoppage of construction over the petitioner's validly owned plot of land and suspending the NOC cannot be sustained and deserves to be interfered with.

Page No.# 11/11

17. For the foregoing reasons, this Court finds no ground to interfere with the impugned Notice dated 30.11.2018, issued by the Chairman, Kajalgaon Town Committee. Accordingly, the impugned Notice dated 30.11.2018 and the consequent eviction and demolition of the shops found to have been constructed over Government land under the PWD Road/NH-31 requires no interference. Therefore, the WP(C) No. 794/2019 is hereby dismissed.

18. However, this Court finds that the impugned Communication dated 10.10.2019, issued by the Vice Chairman, Kajalgaon Municipal Board, suspending the NOC and stopping the construction of brick boundary wall and RCC building, after filing of the WP(C) No. 794/2019, not sustainable as the NOC was issued for construction of brick boundary wall and RCC building on the land of the petitioner measuring 3 Katha 10 Lechas covered by Dag No. 325 and 327/490 under P.P. No. 72 and 149 of Village No. 2 Chapaguri under Sidli Revenue Circle of Chirang District. Consequently, the impugned Communication dated 10.10.2019, issued by the Vice Chairman, Kajalgaon Municipal Board, Chirang, is set aside and the No Objection Certificate granted vide communication dated 28.01.2016 and letter dated 07.06.2018, stands restored.

19. It is made clear that the NOC and the construction shall be strictly confined to the plot of land of the petitioner and not beyond.

20. Writ petitions stand disposed of in terms above.

JUDGE

Comparing Assistant