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Gauhati High Court closes PIL against Assam govt notification to include more communities in tribal list

The Gauhati High Court has closed a Public Interest Litigation (PIL) challenging the Assam government’s notification including Moran, Matak, Ahom, Chutia, and Gorkha communities in the protected classes of persons residing in Sadiya Tribal Belt.

The petitioners, Lakheshwar Deori and Mohim Sonwal, claimed to represent indigenous Scheduled Tribes of Tinsukia district, Assam. 

They contested the July 20, 2021, notification issued by the Revenue and Disaster Management Department, citing irregularities in the inclusion process.

The petitioners’ counsel, H.R.A. Choudhury, argued that:

1. The notification violated Regulation 160(1) of the Assam Land and Revenue Regulation, 1886.

2. The included communities weren’t primitive or lacking education/material advantages.

3. Existing protected classes’ rights were infringed.

Additional Advocate General Dilip Mazumdar countered:

1. Regulation 160(1) protects backward classes.

2. Cabinet Sub-Committee and Revenue Department examined living conditions.

3. Cabinet approved inclusion after deliberations.

The court held:

1. Satisfaction under Regulation 160(1) was duly drawn.

2. Petitioners failed to dispute satisfaction materials.

3. Notification complies with regulatory requirements.

The court closed the PIL, upholding the Assam government’s decision.

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