The Gauhati High Court has held that authorities cannot proceed with the eviction of persons occupying Government land without first issuing a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886. The Court clarified that even where the land in question is undisputedly Government land and the occupants are alleged to be encroachers, compliance with the statutory requirement of issuing a valid notice is mandatory before any eviction action is undertaken.
The matter arose from writ petitions filed by individuals who were in possession of certain parcels of land acknowledged to be Government land. The authorities had issued a notice directing the occupants to produce documents showing lawful allotment of the land and warning that failure to do so would result in cancellation of any such allotment. The respondents argued that this notice could be treated as one issued under Rule 18 of the Settlement Rules framed under the Regulation and was sufficient to initiate eviction proceedings.
The High Court examined the contents of the notice and found that it primarily called upon the petitioners to produce allotment documents and referred to possible cancellation, but it did not clearly indicate that eviction proceedings under Section 18 were being initiated. The Court observed that such a notice could not substitute for a proper statutory notice under Section 18, which specifically contemplates action for eviction of persons in unauthorized occupation of Government land. It emphasised that when the Government intends to clear encroachments and make land encroachment-free, it must issue a clear and formal notice under the relevant statutory provision.
Justice Sanjay Kumar Medhi highlighted that the issuance of proper notice is an essential component of procedural fairness and transparency. The Court stressed that occupants must be informed of the precise legal basis for the proposed eviction and must be given an opportunity to present their case, including any documentary evidence supporting their claim to lawful possession. The requirement of notice ensures adherence to the principles of natural justice and upholds the rule of law.
The petitioners had contended that they had been in long-standing possession of the land, having been displaced earlier, and had paid revenue in respect of the land. They argued that eviction could not be carried out without following the procedural safeguards provided under the Regulation. After examining the materials on record, the High Court reiterated that statutory compliance with Section 18 is mandatory and that eviction actions must be supported by lawful and transparent procedures.
Accordingly, the Court underscored that even in cases involving encroachment on Government land, authorities cannot bypass the requirement of issuing a proper notice under Section 18 of the Assam Land and Revenue Regulation. The decision reinforces that eviction proceedings must be preceded by adherence to statutory mandates and procedural safeguards, ensuring that persons in occupation are afforded a fair opportunity to respond before any coercive steps are taken.
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