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Gauhati High Court disposes of plea alleging encroachment of government land in Nagaon

The state government of Assam has apprised the Gauhati High Court that it has constituted Public Land Protection Cells (PLPC) for rural areas, municipal areas as well as for Guwahati Metropolitan area in order to redress grievances relating to encroachment of pasture land, catchment areas, ponds, rivers, lakes, public places, burial grounds etc.

The Division Bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah disposed of a Public Interest Litigation (PIL) alleging that certain individuals have illegally encroached on a plot of Government land ad measuring lechas in the Sutirpur village of Nagaon district which was in possession of the Water Resource Department since the year 1955-56.

The Court, vide order dated 15.05.2023 passed in this PIL, directed to provide copy of the order dated 02.03.2023 passed in PIL of 2018 to Advocate General, Assam and also to transmit to the Chief Secretary, Government of Assam, for issuing necessary instruction to the State authorities for formation of Public Land Protection Cells (PLPC) in each district .

N. Bordoloi, Standing counsel Revenue and Disaster Management Department, has placed before the Court a communication dated 25.05.2023 issued by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department, indicating that in terms of the direction of this Court, the Government of Assam, vide Notification dated 24.05.2023, has constituted Public Land Protection Cells (PLPC) for rural areas, municipal areas as well as for Guwahati Metropolitan area in order to redress grievances relating to encroachment of pasture land, catchment areas, ponds, rivers, lakes, public places, burial grounds etc.

In view of above development, the High Court feel that since the issues sought to be agitated through this writ petition before this Court involve multiple factual aspects relating to encroachment upon Government land, the petitioners are required to approach the PLPC concerned constituted vide Notification dated 24th May, 2023 by filing representation for ventilating their grievances set out in the petition.

“Upon receiving such representation, the PLPC concerned shall consider the same objectively after providing opportunity of hearing to the parties concerned and pass a reasoned order thereupon as per law.

In case the grievance raised by the petitioners is found to be justified, appropriate steps be taken to remove the encroachments. The exercise as directed above shall be completed within 6 (six) months from the date of submission of the representation”, the order reads.

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