Gauhati High Court Directs Assam Govt To Issue Notification For Formation Of Public Land Protection Cells In Each District, State Seeks 3 Weeks

The Gauhati High Court recently directed the Assam Government to issue the requisite notification for formation of Public Land Protection Cells in each district to deal with complaints pertaining to encroachments on government land.

The direction was passed by the division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria on May 15 in a PIL alleging that certain individuals have illegally encroached on a plot of Government land measuring 2 bighas 5 kathas 8 lechas in the Sutirpur village of Nagaon district which was in possession of the Water Resource Department since the year 1955-56.

The petitioners sought issuance of a writ of mandamus directing the State and other respondent authorities to take appropriate action against the illegal occupants on government lands and to demolish the structures raised thereupon.

The court noted that the PIL involves multiple issues of facts the adjudication of which would not be possible without proper evidence.

It also noted that in an another PIL filed in 2018, the court on March 2 directed the Chief Secretary, Government of Assam to devise a permanent mechanism to deal with such complaints pertaining to encroachments.

The court had ordered the State to periodically notify the general public to lodge the complaints/representations with regard to such encroachments to specially designated Public Land Protection Cell (PLPC). The PLPC to be constituted only for looking after issues of rural areas, should be headed by the District Collector and shall function under his direction and supervision, the court had ordered.

However, Advocate General, D. Saikia submitted that the earlier order passed in March could not be communicated to the authorities and thus, till date notification for constituting the Public Land Protection Cells has not been issued.

Thus, the court directed that the copy of the order be provided to Advocate General forthwith, who has been asked to instruct the State authorities to issue the requisite notification for formation of Public Land Protection Cells in each district.

Subsequent Hearing Update

On May 24, the State told the court that the the process for putting in place the mechanism of constituting the Public Land Protection Cells in all the districts of Assam has been initiated. AG Saikia sought three weeks time so that the modalities can be finalized and placed on record.

"List on 16.06.2023, as prayed," said the court. 

Case Title: Muklesur Rahman Forazi & 10 Ors. v. State of Assam & 3 Ors.

Click Here to Read/Download Judgment