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2014 DIGILAW 193 (MEG)

Herilla M. Sangma v. State of Meghalaya

2014-08-18

T.NANDAKUMAR SINGH

body2014
Judgment T. Nandakumar Singh; ACJ. 1. Heard Mr. AS Siddiqui, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. S. Sen Gupta, learned counsel for the respondents. 2. The present writ petitioner is assailing the impugned order dated 24.07.2014 passed by the respondent No. 2 only on the ground that before passing the impugned order, the procedure prescribed under Section 4 of the Meghalaya Public Premises (Eviction of Unauthorized Occupants) Act, 1980 (for short 'the Act of 1980') was not followed. To the contra, Mr. ND Chullai, learned Sr. GA appearing for the respondents contended that there is no documentary evidence to show that the petitioner is the Patta holder of the land-in-question. Section 4 of the said Act of 1980 clearly provides that the Deputy Commissioner or the authority concerned, shall give an opportunity to the alleged unauthorized occupants to produce any evidence in support of their claim/case and after giving them a reasonable opportunity of being heard, necessary order may be passed. Mr. AS Siddiqui, learned counsel for the petitioner contended that no reasonable opportunity of being heard was given to the petitioner before passing the impugned order dated 24.07.2014. For easy reference, Section 4 of the said Act of 1980 is quoted hereunder:- "4. Eviction of unauthorized occupants (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under S. 3 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Deputy Commissioner is satisfied that the public premises are in unauthorized occupation, the Deputy Commissioner may make an order of eviction, for reasons to be recorded therein directing that the public premises shall be vacated by such date, not being earlier than fifteen days from the date of its service, as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises. (2) If any person refuses or fails to comply with the order of eviction under Sub-S. (1), the Deputy Commissioner or any other officer duly authorized by the Deputy Commissioner in this behalf may evict that person from, and take possession of, the public premises and for that purpose, use such force as may be necessary." 3. Justice shall not only be done, but also appear to have been done. The petitioner is allowed to produce any evidence in support of her claim over the land-in-question and should also be given a reasonable opportunity of being heard by the Deputy Commissioner (Revenue), West Garo Hills, Tura before passing a reasoned order in consequence of the notice dated 08.07.2014. It is made clear that the whole exercise should be completed within a period of 2 (two) months from the date of receipt of a certified copy of this judgment and order. 4. The petitioner has to approach the Deputy Commissioner (Revenue), West Garo Hills, Tura along with a certified copy of this judgment and order and till the exercise is completed in pursuance of this judgment and order, status-quo of the land-in-question shall not be disturbed. 5. With the above observations and directions, this writ petition is disposed of.