GUWAHATI, India, Aug. 8 -- Gauhati High Court issued the following order on July 10:
Heard Mr. S.B. Laskar, learned counsel for the petitioners. Also heard P.N. Goswami, learned Addl. Advocate General for the Forest Department and Mr. R. Dhar, learned Senior Government Advocate, Assam for the respondent Nos. 6 and 7.
The petitioners are aggrieved by the proposed eviction to be carried out by the Forest Department. They contend that no notice has been issued to them and further that the forest officers are not authorized to carry out eviction proceedings, particularly in relation to the land specified by the petitioners. The petitioners claim that their households are situated on Government land, having Dag No.227(old)/274(new), 228(old)/253(new) and 229(old)/261(new) in village Ashudubi of Matia Revenue Circle in the district of Goalpara.
It is submitted that the proposed action sought to be taken by the Forest Department is contrary to the provision of law and the Forest Officials do not have any authority to carry out the eviction of the petitioners who claim to be residing in the household situated outside the forest land.
The learned counsel for the petitioners has referred to orders passed by the Co-ordinate Bench in WP(C) No. 8101/2017 which came to be passed vide order dated 24.09.2024 in Writ Appeal 333/2024. He has also referred to subsequent orders passed in WP(C) No.5033/2024 vide order dated 01.10.2024, whereby a Co-ordinate Bench directed the Forest Authorities to ascertain, in consultation with the Revenue Authorities, whether the lands occupied by the petitioners therein are situated within the Paikan Reserve Forest.
Mr. Goswami on the other hand has placed before the Court a set of instructions which he has received.
On perusal of the instructions, it is evident that the dag numbers which the writ petitioners claim to be situated outside the forest area, namely Dag No.274, 253 and 261 is shown to be an integral part of the notified boundary of the Paikan Reserved Forest as per the notification No. F.R.S. 378/813 dated 07.08.1982 issued under the Assam Forest Regulation 1891. The copy of the said notification is also enclosed to the said set of instructions, where the demarcation of boundary, the "East" boundary reflects that the demarcated boundary line runs along the Paikan village paddy field, Ashudubi village and Krishnai River, i.e. from B.P. No. 7 to 52.
Under such circumstances, this Court is of the considered view that the respondents be directed to bring on record the relevant instructions, if they are so advised, within one week from today.
Interim prayer, if any, will be considered on the next date fixed.
Matter be listed again on 21.07.2025.
The Forest Authorities shall ensure that alternative shelter, adequate food, and accommodation are provided to the petitioners until further arrangements for their rehabilitation are made by the respondent authorities, if the petitioners are found to be entitled under the scheme prepared by the State.
Disclaimer: Curated by HT Syndication.
