'No Coercive Measure': Gauhati High Court Orders Interim Stay On Assam Gov's Order To Evict 244 Villagers, Directs Officials To Decide Their Representation

The Gauhati High Court on Wednesday restrained the Assam government from evicting 244 people from Dhekiajuli town in Assam's Sonitpur district. 

The Circle Officer, Dhekiajuli Revenue Circle had on November 15, 2021, issued eviction notices to the concerned residents of Basasimalu village directing them to vacate the government land they had allegedly encroached upon. The Circle Officer had also asked the petitioners to vacate the land within a month, failing which action would be taken against them.

Subsequently, the villagers on December 3, 2021, had submitted a representation before the concerned Minister of Revenue and Disaster Management Department against the said eviction notices praying not to evict them from their place of occupation, and had thereafter served a copy of the representation to the concerned Circle Officer.  Against the eviction order, the petitioners had approached the High Court. 

Justice Manash Ranjan Pathak on Wednesday directed the representatives of the government not to take any coercive action against the petitioners until the representation of the petitioners to the concerned Circle Officer is disposed of. 

"In the interim, it is directed that the respondents shall not take any coercive measure against the petitioners in terms of said eviction notices under No. DRC-13/2017-18/2056 dated 15.11.2021 issued by the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur without disposing of the said representation of the petitioners that was received by the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur on 03.12.2021", the Court observed. 

During the proceedings, the petitioners had contended that 81 persons had earlier moved the High Court against similar eviction notices issued under Rule 18 (2)(3) of the Assam Land and Revenue Regulation seeking a settlement on this piece of alleged government land. Furthermore, these 81 petitioners had stated that the disputed land was under their possession pursuant to a notification of the State government dated November 29, 1978. It was further contended that the petitioners are descendants of these 81 people. 

"It is placed that by the judgment and order dated 21.07.1989, a Division Bench of this Court disposed of the said Civil Rule No. 867/1982 with the observation that the petitioners of said Civil Rule No. 867/1982 shall not be evicted till the question of settlement of the land with them as per the policy decision referred in the said judgment is decided by the appropriate authority if they are in possession of the land involved in that case as on the date of the said judgment i.e. 21.07.1989", Justice Pathak noted. 

Taking cognizance of the grievance raised, the Court directed the Deputy Commissioner, Sonitpur, Tezpur, the Additional Deputy Commissioner (Revenue), Sonitpur, Tezpur, respondent No. 3 and the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur to apprise the Court the reasons for issuance of the impugned eviction notices on the next date of hearing i.e. on February 2, 2022. 

"On the next date fixed, (i) the Deputy Commissioner, Sonitpur, Tezpur, respondent No. 2; (ii) the Additional Deputy Commissioner (Revenue), Sonitpur, Tezpur, respondent No. 3 and (iii) the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur shall apprise the Court the reasons for issuance of the impugned eviction notices dated 15.11.2021 to the petitioners issued by the concerned Circle Officer. List this matter on 02.02.2022", the Court ordered further. 

The Assam government has been conducting widespread eviction drives to clear plots of government land of alleged encroachment. Many of those who have been directed to be evicted are poor Bengali-origin Muslims who had lost and in floods. In October during one of these drives, two people were killed in Sipajhar area of the Darrang district after the Assam Police opened fire on protesting villagers. 

Case Title: Innachi Ali and Ors v. State of Assam 

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