Gauhati High Court Stays Eviction Notices Issued To 43 Families On Bharalu River Bank Claiming Refugee Status

The Gauhati High Court recently stayed the eviction notices issued by the Assam Government to 43 families who are living on the bank of Bharalu river, by observing that on the basis of the documents annexed with the writ petition regarding their refugee status, the petitioners have been able to make out a prima facie case for interim protection.

The single judge bench of Justice Manish Choudhury observed:

“Having regard to the projections made on behalf of the petitioners on the basis of the documents annexed to this writ petition, as already alluded hereinabove, this Court is of the view that the petitioners have been able to make out a prima facie case for interim protection. Accordingly, it is observed that till the returnable date, the eviction notices, all dated 13.02.2024 [Annexure-8 colly], shall remain suspended.”

The petitioners claimed that they are legal representatives/heirs of persons/successors of persons who were Indian citizens and after partition in the year 1947, came to India from their erstwhile places of residence, which were located in the then East Pakistan [now Bangladesh].

Additionally, it was the case of the petitioners that upon migration of their predecessors to India, they were treated as refugees and the State Government in the Revenue Department allowed them to stay in a specified parcel of land on the bank of river Bharalu. Furthermore, on being so located, their families have been staying in the said parcel of land since the year 1951.

It was highlighted that by an order dated April 19, 1956, the petitioners' families were allowed to occupy the said parcels of land on T.B. basis till they were provided lands at other places, subject to the conditions mentioned therein.

It was stated that at an earlier point of time, the petitioner's families were served with evictions notices/orders by the Additional Deputy Commissioner, Kamrup. In a proceeding before the Assam Board of Revenue it was recorded that in the case of those appellants, there was a valid permission to occupy the Government land and as such, they had a bonafide right to claim against the eviction notices issued under Rule 18[2] and Rule 18[3] of the Settlement Rules.

Therefore, the notices issued to appellants therein was quashed.

It is the contention of the petitioners that they have a bonafide claim to continue in occupation of the parcel of land on the bank of river Bharalu, by keeping a distance of 10 ft. as indicated in the Order dated April 19, 1956.

The petitioners approached the High Court as they have been served with eviction notices, all dated February 13, 2024, by the Circle Officer, Guwahati Revenue Circle on the ground that the petitioners are encroaching the Government Land, with the further observation that in the event the noticees-petitioners do not vacate the parcel of land, the process for their eviction would be taken under Rule 18[2] of the Settlement Rules in the stretch from Arya Nagar to Chabipul.

The Counsel appearing for the petitioners submitted that the petitioners are in possession of necessary documents as regards their refugee status.

While taking note of the same, the Court issued notice and suspended the eviction notices dated February 13, 2024 till March 04, 2024.

Case Title: Ranjit Karmakar & 42 Ors. v. The State of Assam & 5 Ors.

Case No.: WP(C)/966/2024

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