High Court (HC) declines to stay eviction drive in Guwahati, Campaign against encroachers gathers steam

STAFF REPORTER

GUWAHATI: In a decision that has significant ramifications for landless people who have been squatting on government land in the Kamrup (M) area and other urban areas of the state for years on end, the Gauhati High Court has declined to set aside eviction notices served by the Circle Officer of the Dispur Revenue Circle upon several illegal settlers in the Dakhin Gaon area in Saukuchi, Guwahati.

Vide the notices dated November 1 last, the Circle Officer had asked the occupants to vacate the plots of land under their possession within three days.

A total of 154 persons then approached a single Bench of the High Court via a Writ Petition to set aside the eviction notices and consequent action by the authorities. The petitioners' counsel submitted that unless the court intervenes in the matter, the lives and livelihood of many families would be adversely affected by the eviction drive. The counsel further submitted that as per Clause 14.2, 14.3 and 14.4 of the Land Policy-2019 made by the government of Assam, an indigenous person who has no land in his/her name or in the name of his/her family in the state may be eligible to get land in Guwahati city or in other urban areas, provided they are eligible for the same and they have been in continuous occupation of government land since or prior to June 28, 2001, with the further condition that they have applied for land ownership.

However, the government's counsel pointed out that the petitioners are illegal occupants of government land and as there is a vast area of government land in the Kamrup (M) district under encroachment, a suo moto PIL had been taken up by the Division Bench of the High Court. Further, on the basis of the suo moto PIL taken up by the Division Bench a report had been submitted by the state government regarding illegal encroachment of government land by numerous persons, including the petitioners. The counsel stated that the fact that state government had decided to remove encroachers and illegal settlements was known to the Division Bench and it was also recorded in the Order dated March 31, 2021 issued by the Division Bench.

The High Court observed: "As is clear from the pleadings and the submission made by the learned counsel for the petitioners, the petitioners are illegal occupants of government land. They do not have any land documents and neither have they applied for settlement of the government land, which they are illegally occupying, in their names till date. As such, the petitioners cannot be said to have any legally justifiable basis to continue to stay illegally on government land, on the basis of mere possession of the said land. Further, the Order dated 31.03.2021 passed in PIL (suo moto) shows that a report had been called for by the Division Bench of this Court with respect to the legal encroachment of government land and the report submitted by the state government showed that the encroached lands had been allotted to different government departments. Out of the 268 bighas which was under illegal occupation the government has been able to regain 33 bighas, 2 kathas, 13 lechas of land. Thus, approximately 235 bighas of land still remain under encroachment."

While dismissing the Writ Petition, the single Bench also noted that "as no stay of the eviction notices was issued by the Division Bench, this Court is of the view that no stay of the eviction notices can be issued by this Court."

However, the single Bench noted that the petitioners have been given only three days' notice to vacate the land under their possession. Therefore, the Bench directed that government to give three weeks' time from the date of hearing (November 9 last) to the petitioners to vacate the lands they are illegally occupying to enable them to make alternative arrangements. However, the Bench added the proviso that "the extension of time given to the petitioners for vacating the land…is, however, subject to the condition that the petitioners have not already been evicted from the lands occupied by them."

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