WP(C) 5371/2009. Gauhati High Court

Case NumberWP(C) 5371/2009
Judgement DateOctober 26, 2020
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

WP( C) No.5371/ 2009

Smt. Hapsa Zongsam,

D/ o Late Morang Zongsam,

Village-Parbatipur, P.O. Jagun,

P.S.-Lekhapani,

District-Tinsukia.

…… PETI TI ONER .

VERSUS

  1. The state of Assam

    Represented by the Secretary,

    Department of Revenue, Government of Assam, Dispur, Guwahati-6.

  2. The Deputy Commissioner,

    Tinsukia District,

    Tinsukia, Assam.

  3. The Sub-Divisional Officer (Civil),

    Margherita Sub-Division,

    P.O. & P.S. Margherita,

    District-Tinsukia, Assam.

  4. The Assam I ndustrial I nfrastructural Development Corporation, Represented by its Managing Director,

    I ndustrial Estate, Bamunimaidan,

    Guwahati-21 ……. RESPONDENTS .

    BEFORE

    THE HON’BLE MR JUSTI CE HRI SHI KESH ROY

    For the petitioner : Ms. T. Som,

    Ms. B. Bhuyan,

    Mr. H. Das,

    Ms. R. Borgohain,

    Ms. S. Kalita. …. Advocates

    For the respondent Nos.1 - 3 : Mr. D. Nath. ….. Addl. Sr. GA For the respondent No. 4 : M. Mahanta. …… SC., AI I DC.

    Date of hearing & Judgement : 26.10.2017

    Page 1 of 4

    WP(c) No.5371 of 2009

    JUDGMENT AND ORDER ( ORAL)

    Heard Ms. T. Som, the learned Counsel appearing for the petitioner. The State authorities are represented by Mr. D. Nath, the learned Addl. Sr. GA. The Assam Industrial Infrastructural Development Corporation (AI I DC) [ respondent No.4] , is represented by Mr. M. Mahanta, the learned Counsel.

  5. The petitioner claims to be in occupation of Government land measuring 32 Bighas in village-Parbatipur N.C. in Tirap Mouza of Tinsukia district. The concerned land is comprised within the Tribal Belt and the petitioner seeks protection of her occupation since, on 12.11.2009, the Revenue staff gave verbal threat for eviction, to the petitioner. She also seeks direction for settlement of the Government land as a long standing occupier.

  6. Some years earlier when the Circle Officer, Margherita along with the police attempted to evict the petitioner on 28.9.2001, she filed the WP(C) No.7257/ 2001 to secure protection from eviction. This case was disposed of on

    12.10.2001 (Annexure-C) whereby the Court directed that eviction should only be carried out in accordance with law and if the petitioner prays for settlement, the same be considered by the D.C., Tinsukia.

  7. The learned Counsel Ms. T. Som for the petitioner submits that the settlement of the occupied land has not been considered and instead attempt was made for eviction of the petitioner. The Counsel further submits that this Court...

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