Gauhati HC upholds eviction from government land, orders landless occupants' settlement claims reconsidered

The Gauhati High Court decided two linked petitions by two women who described themselves as erosion-affected and landless and who had occupied government land in Guwahati, having bought possession of plots there in 1992 under unregistered sale deeds. The Circle Officer had issued eviction notices under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886. Speaking orders of 12 June 2026 rejected their claim of a bona fide right to stay and their requests for settlement, and their electricity was disconnected. Justice Devashis Baruah held that they had no bona fide claim of right to remain on the land, noting the urgent need for it for the expansion of Pragjyotishpur Medical College and Hospital and for parking, and upheld the exercise of power under Rule 18.

He declined to direct restoration of electricity and gave them 30 days to vacate, failing which they could be evicted. However, the Court set aside the rejection of their settlement applications and directed the District Commissioner and Revenue Department to reconsider them for other waste land in Guwahati City under the Assam Land Policy, 2019, within 45 days. They were allowed to file more documents, and the Court observed that satisfying Clause 14.4 would dispense with the requirement of having no homestead land in the State.