The Assam Government in the case Sri Nasir Khan & 6 Ors. v. The State of Assam & 32 Ors observed and has notified the establishment of Public Land Protection Cells, PLPC for three different categories including Rural Areas, Municipal Areas other than Guwahati and Guwahati Municipal Area on May 24, 2023.
Further, the court in the case told that the cells have been empowered to redress the grievances which relates to the encroachments over pasture land, catchment areas, ponds, rivers, lakes, public places, burial grounds etc.
The division bench comprising of Chief Justice Sandeep Mehta and Justice Suman Shyam in the case observed that with regards to the constitution of these cells, the grievances of public at large wherein pertaining to encroachments upon these categories of land would be redressed at the earliest and that the litigants would not be compelled to rush to the courts. Therefore, the said court appreciate the efforts made by the State Government in issuing the notification with the hope and trust that the cells will function efficiently.
It has also been directed by the court in the earlier PIL that the Assam Government to issue the requisite notification for formation of PLPC in each district in order to deal with the complaints which pertains to the encroachments on government land.
The court in the case observed and has directed the present petitioner in the plea, who raised the grievance of encroachment upon the Kabarsthan land in order to approach the concerned PLPC for the ventilating the grievances of him.
Further, the court in the case stated that the PLPC shall address the grievance of the petitioner in light of the notification and also to hear the parties concerned before taking any action of dispossession etc.
The court in the case stated that the complaint may be filed by the petitioner along with the copy of this order within the period of 15 days from today whereupon the PLPC after hearing all the parties concerned and making the necessary enquiries, wherein it shall decide the same by a reasoned order within a period of 3 (three) months from the date of receipt thereof. Therefore, the petitioner in the case being aggrieved of the reason so passed and the petitioner shall be at liberty to assail such order as per law.
