Facts
Seven petitioners claim to be in possession of various plots of land in Karimganj district, having occupied them as raiyats/tenants under the Makunda Baptist Mid-Mission.
Source reference: p. 5The land was acquired by the State under the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 ("the Act").
Source reference: p. 5The petitioners claim entitlement to settlement of these lands under Section 15 of the Act and were issued khatians in 1977.
Source reference: p. 5However, on 26.10.2018, the Deputy Commissioner sought government approval to allot these lands for the establishment of a Government Model College.
Source reference: p. 5Despite an interim stay order passed on 04.02.2019, construction of the college proceeded to 99% completion.
Source reference: p. 7, 10The petitioners sought to quash the allotment letter and requested a mandamus for land settlement.
Source reference: p. 4Issues
1. Whether the petitioners, as raiyats of acquired religious/charitable land, have a statutory right to settlement under Section 15 of the 1959 Act.
Source reference: p. 62. Whether the allotment of land for a Government Model College illegally infringes upon the petitioners' possessory and statutory rights.
Source reference: p. 8-9Law Applied
The court primarily applied Section 15 of the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959, which mandates that acquired land in occupation of a raiyat shall be settled with them, granting them the status of a land-holder or settlement holder.
Source reference: p. 6It further applied Section 2(c) of the Act, which clarifies that "encumbrance" does not include the rights of a raiyat or tenant.
Source reference: p. 6The court relied on the precedent Bani Kanta Sarma & Ors. v. Assam Board of Revenue & Ors. (2004), which established that the government must settle acquired land with specified persons in occupation as raiyats or occupancy tenants.
Source reference: p. 7Reasoning
The court examined the overlapping Dag (plot) numbers between the petitioners’ claims and the college allotment order.
Source reference: p. 9-10While some plots appeared to overlap (Dags 339, 348, 355), the state argued that the college occupied different portions of these Dags.
Source reference: p. 10The court noted that because 99% of the college construction was finished without disturbing the petitioners' "peaceful possession," the two interests could be harmonized.
Source reference: p. 10-11The court reasoned that the statutory preference for settlement under Section 15 must be upheld, and the definition of encumbrance under Section 2(c) protects the tenants' rights from being extinguished by the acquisition.
Source reference: p. 10Therefore, the college construction could proceed since it did not physically displace the petitioners from their specific areas of possession.
Source reference: p. 11Holding
The court disposed of the writ petition by holding that while the nearly completed college construction would not be restrained, the statutory rights of the petitioners under Section 15 and other provisions of the Act must remain unaffected.
The court directed that the petitioners’ rights to settlement and possession should not be compromised by the college allotment.
Source reference: p. 11No order as to costs was made.
Source reference: p. 11Original Court PDF
Monmoth Kumar Paul And 6 Ors.vsThe State Of Assam And 4 Ors.
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