Gauhati HC restrains Assam govt from evicting 244 villagers in Darrang

Guwahati: The Gauhati High Court has restrained the Assam government from evicting 244 residents of a village in Darrang district who were issued notices to vacate the land they had allegedly encroached upon by constructing houses and carrying out farming activities.

The circle officer of Dhekiajuli revenue circle had, on November 15, 2021, issued eviction notices to the residents of number one Basasimolu village under Barchalla mouza in the lower Assam district, directing them to vacate the village within a month, and warning them that legal action would be taken against them if they fail to comply with the same.

The villagers had, on December 3, 2021, submitted a representation before the revenue and disaster management department minister, praying not to evict them from their place of occupation. Thereafter, they served a copy of the representation to the concerned circle officer.

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 the plot of government land.

Subsequently, the High Court 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 without disposing of the representation of the petitioners received by the circle officer, Dhekiajuli Revenue Circle, on December 3, 2021,” the court observed.

The court further directed the Sonitpur deputy commissioner, the additional deputy commissioner (revenue), Sonitpur, and the circle officer, Dhekiajuli Revenue Circle to apprise the court the reasons for issuance of the impugned eviction notices on February 2, 2022, which is the next date of hearing.

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