The Gauhati High Court in the case Muklesur Rahman Forazi and 10 Ors. v. State of Assam and 3 Ors observed and has recently directed the Assam Government to issue the requisite notification for the formation of Public Land Protection Cells in each district in order to deal with the complaints which pertains to encroachments on government land.
The division bench comprising of Chief Justice Sandeep Mehta and Justice Mitali Thakuria in the case observed and has passed the direction on May 15 wherein it alleged that certain individuals have illegally encroached on a plot of Government land measuring 2 bighas 5 kathas 8 lechas in the Sutirpur village of Nagaon district which being in the possession of the Water Resource Department since the year 1955-1956.
The petitioner in the case seeks issuance of a writ of mandamus wherein it directed the State and other respondent authorities to take appropriate action against the illegal occupants on government lands and also to demolish the structures being raised thereupon.
It has also been noted by the said court in the case that the PIL involves multiple issues of facts the adjudication of which would not be possible without proper evidence. Further, the court in the case noted that in an PIL filed in the year 2018, the court in the case directed the Chief Secretary, Government of Assam on March 02, 2023 to devise the permanent mechanism in order to deal with such complaints pertaining to the encroachments.
The court in the case has also ordered the State to periodically notify the general public in order to lodge the complaints or the representation with regards to such encroachments to specially designated Public Land Protection Cell, PLPC. Therefore, the PLPC in the case is to be constituted only for looking after the issues of rural areas, the same should be headed by the District Collector and it shall function under the direction and also under the supervision of him.
The counsel, Advocate General, D. Saikia submitted before the court that the earlier order passed in the month of March could not be communicated to the authorities and thus, till the date notification in order to constitute the Public Land Protection Cells has not been issued.
It has also been directed by the said court that the order of copy is being provided to Advocate General forthwith, who has been asked to instruct the State authorities in order to issue the requisite notification which being for the formation of Public Land Protection Cells in each district.
Accordingly, the court listed the matter to be next heard on June, 16, 2023.
