GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Ms. R. Kalita, learned counsel for the petitioners; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned State Counsel for the respondent nos. 2 - 5; Mr. D. Gogoi, learned Standing Counsel, Forest Department for the respondent no. 6; and Ms. P. Thapa, learned counsel representing Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent no. 7.

2. The petitioners, thirty-four in nos., have preferred this writ petition stating that they have a common cause of action in view of issuance of Notices, all dated 04.04.2017, by the Circle Officer, Chaygaon Revenue Circle [the respondent no. 3]. By the Notices, the respondent no. 3 stating inter alia that the petitioners are occupying parcels of land indicated therein which are claimed to be Village Grazing Reserve [VGR] lands, and therefore, the petitioners should vacate those parcels of land or else, action would be taken by the Government to vacate them.

3. The petitioners by referring to a Communication of the respondent no. no. 6 dated 12.05.2017, addressed to the respondent no. 2, have asserted that the petitioners as forest villagers received the eviction notices from the respondent no. 3 and as per records available with the Forest Department, the petitioners were bona fide forest villagers of Kadamguri Forest Village under Milmilia Reserve Forest in Bamunigaon Range. It was further mentioned in the Letter dated 12.05.2017 that Milmilia Reserve Forest was notified in the year 1883 and Kadamguri Forest Village is situated within Reserve Forest as per the Assam Forest Regulation 1891 after notification of the Reserve Forest. The respondent no. 6 further wrote to the effect that the forest villagers are entitled to maintain their livelihood under Scheduled Tribes and other Traditional Forest Dwellers [Recognition of Forest Rights] Act, 2006 ['the Forest Rights Act', for short] within the Reserve Forest area. The respondent no 6 requested the respondent no. 2 to review the issue and to allow the forest villagers to live in their native place till finalization of the process.

4. The respondent no. 3, in his affidavit-in-opposition, has averred that the petitioners are in occupation of parcels of land falling within Dag no. 954, which are categorized as Village Grazing Reserve [VGR] lands, by constructing dwelling houses and by making cultivation. It is stated that Bedakhali Jarimoma [Encroachment Fine] had also been realized from the petitioners by the Government. As per the Record, the lands falling within Dag no. 954 has been declared as VGR land.

5. What is noticeable from the contents of the impugned Notices, dated 04.04.2017 issued by the respondent no. 3 is that the same is not in conformity with the Settlement Rules framed under the Assam Land and Revenue Regulation 1886, more particularly, Rule 18[2].

6. Rule 18[2] of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 reads as under :-

18[2] When such person has entered into possession of Government khas land, or Waste land or estate over which no person has acquired the rights of a proprietor, landholder or Settlement-holder or any land that has previously been reserved roads or roadside land or for the grazing of village cattle or for other public purposes, or has entered into possession of land from which he has been excluded by general or special orders and when further, there is no bonafide claim of right involved he may be ejected or ordered to vacate the land forthwith, and the Deputy Commissioner may sell, confiscate or destroy any crop raised, or any building or other construction erected without authority on the land.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOP53EZEJATL8Wn5IxexYr0f6tPgWvuY3z4ltoQgeHdwA&caseno=WP(C)/8097/2018&cCode=1&cino=GAHC010074342017&state_code=6&appFlag=)

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