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HC orders interim stay on eviction notices to Assam villagers

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GUWAHATI, Dec 21: The Gauhati High Court has ordered an interim stay restraining the Assam government from evicting the residents of a village in Darrang district.

Eviction notices were issued by the Dhekiajuli revenue circle officer on November 15, 2021 to as many as 244 residents of Basasimolu village under Barchalla mouza to vacate within a month the “government” land allegedly encroached upon by constructing houses/basti and carrying out cultivation.

The villagers were also warned that legal action would be taken in case of non-compliance with the eviction order.

The residents thereafter submitted a representation before the revenue and disaster management department minister on December 3, 2021, with a prayer against the eviction from their place of occupation. A copy of the representation was also submitted to the 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 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.

It further directed the concerned government authorities to apprise the court the reasons for issuance of the impugned eviction notices on February 2, 2022, when the matter would come up for hearing in the court.

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