Sheodhari Das Alias Sridhari Das vs Assam Board of Revenue and Others

K.N. Saikia, C.J.—Heard the learned Counsel for the Petitioner R.D. Lall. The Petitioner impugns the appellate judgment the Assam Board of Revenue rejecting his appeal against eviction notice served on him in respect of 8 Lechas of (sic)d covered by dag No. 45 of Village Madgbaria, Mouza (sic)ola, district-Kamrup issued under Rule 18(3) of the Rules (sic)ned under the Assam Land and Revenue Regulation.

The impugned notice stated that the Petitioner had been Spying the land without any order from the Government therefore, he was directed to vacate it within 15 days the date of receipt of the notice. Against that notice the (sic)loner appealed to the Assam Board of Revenue, which by impugned judgment dated 16.6.87 rejected his appeal holding the Petitioner failed to show that be acquired any sort (sic)igt over the 8 Lechas of land under notice. The Board the there was no proof of the Petitioner having occupation the land since 1950, as alleged by him. The Board also that the land was a ceiling surplus land acquired by Government under the Ceiling Act. The Board accordingly that the Petitioner had failed to establish, any right of ment-holder, land-holder or proprietor or any tenancy right (sic) the Assam Land and Revenue Regulation, and that he an encroacher on the Government waste land and liable evicted under the Settlement Rule 18(3). if The Board also not find any sort of infirmity in issuing the eviction in, she proceeding in Eviction Case No. 72/86 and the (sic) was accordingly rejected. Hence this petition.

We find no infirmity in the appellate judgment of the (sic) and accordingly without anything more, this petition is liable to be rejected. We, however, find that the Board itself has found that the land under notice was a ceiling surplus land acquired by the Government and the Petitioner had been in possession thereof since 1975. That the Petitioner was in occupation of the land was not categorically negatives by the Board though it stated that the Petitioner''s case that he was in occupation of the land since 1950, was not acceptable.

Sections 15 and 16 of the Assam Fixation of Ceiling on Land Holdings Act, 1956 provides as follows:

Disposal of excess land. Subject to the provisions of this Act and of this chapter in particular the excess land transferred to and vested in the State Government under Sub-section (5) of Section 7 of this Act shall be at the disposal of the State Government.

The manner of disposal of excess land.- (1) If there is any cultivating tenant in occupation of the land acquired from an owner then he shall be given settlement of such land within; a prescribed period on the following conditions, namely:

(a) that the area of, land so settled, together with any other lands held by him or any member of his family either as tenant or as owner shall not exceed in the aggregate the limit fixed u/s 4 of this Act, and

(b) that be shall pay to the State Government in one or more equal annual installments not exceeding five an amount fixed by it but not exceeding the compensation payable by the State Government for acquisition thereof:

Provided that any amount which he is entitled to receive as compensation under the provisions of this Act, shall be adjusted against an equal amount which he is, liable to pay under-Clause (b) above.

(2) On payment of the full amount under Sub-section (i) above, the land shall be settled with him with the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886).

(3) Where the excess land is acquired from a tenant as such and not from the owner thereof the State Government shall be entitled to settle it, on such terms as it may fix, with the sub-tenant, if any, who is in occupation of such land subject to the limit u/s 4, or if there be no sub-tenant so entitled, with any person coming within the purview of Sub-section (1) of Section 17 below, with the same status as was held by the tenant from whom the land has been acquired.

As the Petitioner has been found to have been in occupation of a land which was acquired by the Government as coiling surplus land under the above "provisions, he has some right of preferential settlement, It Is incumbent on the part of the State to consider his right in this regard if and when the occupier applies to the Government for settlement of the land under his occupation. We accordingly direct the Petitioner to apply for settlement of the hitherto ceiling surplus Government khas land under his occupation and also direct the authority to consider his application in accordance with law on the basis of evidence produced by him with a view to settle the land with him. As eviction of the Petitioner from the land under notice pending disposal of his application for settlement will create hardship to him, we direct that the Petitioner shall not be evicted till his application for settlement of the land is disposed of by the State Government on its merit. We allow one week''s time to the Petitioner to submit is application. It is needless to mention that it will be open or the Petitioner to approach this Court if he still has Season to be aggrieved on the decision rendered by the State Government on his application for settlement.

In the result, with the above observation and direction his petition is disposed of.