JUDGMENT : A.M. Bujor Barua, J. Heard Mr. T.J. Mahanta, learned Senior Counsel, for the petitioner. Also heard Mr. R.K. Bora, learned Sr. Govt. Advocate, representing the State of Assam, the Dy. Commissioner, Kamrup (M) District and the respective Circle officers in the Kamrup (M) District, Ms. N. Bordoloi, learned counsel for the Revenue and Disaster Management Department, Govt. of Assam, Mr. M.A. Sheikh, learned counsel for the respondent Nos.5—90, Mr. P. Deka, learned counsel for the respondent No.91 and Mr. K.N. Choudhury, learned Senior Counsel, being assisted by Mr. T. Deuri, learned counsel for the respondents Nos.92—246 & 247 —281. 2. PIL (Suo Moto) No.10/2018 was instituted on the basis of a news item in the English Newspaper ‘The Assam Tribune’ dated 09.10.2018 under the headline “As admin turns a blind eye, land grabbers flourish in the City”. 3. On 17.12.2018, the learned Addl. Senior Govt. Advocate, Assam entered appearance for the State respondents. The proceedings ultimately resulted in the order dated 31.03.2021, which is extracted as below : “Heard Mr. T.J. Mahanta, learned senior standing counsel, Gauhati High Court. Also heard Mr. D. Saikia, learned senior standing counsel, Government of Assam. An important aspect has been brought to the knowledge of this Court by means of this public interest litigation, which is that a vast area of land in Kamrup (Metro) District is under encroachment. A report was called for and today a detailed report has been filed, which shows that the land which is under encroachment was allotted to different Government authorities of the State Government, which is under Encroachment and a breakup of which has been given along with the affidavit dated 19.03.2021of the Chief Secretary to the Government of Assam. Broadly, the affidavit indicates that out of 2652 Bighas 2 Kathas 17Lechas of land, which was allotted to different Government Departments, 268 Bighas 2 Kathas 5 Lechas was under encroachment. Out of this 268 Bighas, the Government has been able to regain 33 Bighas 2 Kathas 13 Lechas of land but broadly 235 Bighas of land still remains under encroachment. Mr. D. Saikia, learned senior counsel, who represents the State in this matter, has given a statement before this Court that the Government will work out a scheme. In appropriate cases, complaint will be filed before the appropriate authorities under the Assam Land Grabbing (Prohibition) Act, 2010. Mr. D. Saikia, learned senior counsel, who represents the State in this matter, has given a statement before this Court that the Government will work out a scheme. In appropriate cases, complaint will be filed before the appropriate authorities under the Assam Land Grabbing (Prohibition) Act, 2010. Efforts will also be made to work out a concrete scheme for removal of the encroachers or settlement, if permissible in law, shall also be explored. The scheme and the measures taken by the State Government in this regard shall be placed before this Court by an affidavit within a period of eight weeks from today. List this case on 28th May, 2021” 4. A reading of the order dated 31.03.2021 makes it discernable that in respect of the issue of land encroachment involved in the PIL, a report was called for from the State respondents, which provided the breakup of the land under different Government authorities which were under encroachment. The report was enclosed by an affidavit dated 19.03.2021 of the Chief Secretary to the Govt. of Assam. When the matter was taken up on 31.03.2021, the learned Advocate General for the State had made a statement before the Court that the Government will work out a scheme and in appropriate cases, complaints would be lodged before the authorities under the Assam Land Grabbing (Prohibition) Act, 2010 (in short ‘Act of 2010’). 5. It was further stated by the learned Advocate General that efforts would be made to work out a concrete scheme for removal of the encroachers or settlement, if permissible in law, which shall be explored. Accordingly the State respondents were required to place before the Court the scheme and measures that may have been taken by means of an affidavit. In response, the affidavit dated 26.08.2021 was filed, which is available at running page No.228 of the record. 6. The action plan to be taken, as provided in the affidavit filed on 26.08.2021, are as follows : (1) A fresh filed verification and identification of land allotted to Govt. Department shall be carried out by the Revenue Circle Officer with the help of their filed staffs and also a list of person/encroachers who have encroached the land, which was allotted to the Govt. department shall be prepared. Department shall be carried out by the Revenue Circle Officer with the help of their filed staffs and also a list of person/encroachers who have encroached the land, which was allotted to the Govt. department shall be prepared. (2) All Revenue Circle Officer shall prepare notice of eviction for forthwith eviction of all the unauthorized encroachers in all the cases where no status quo order has issued by any competent Court against their removal, and also initiate the eviction drive against those encroachers. After eviction of encroachers the possession of the land will be taken over by the District Administration on behalf of Government of Assam, which in future shall be utilized for implementation of various developmental project of the Government and also shall be allotted to eligible landless families. (3) Circle Officer, being the custodian of land records, shall collect sufficient evidence along with the filed verification report, and shall file cases before the concerned authority against all the un-authorized encroachers under appropriate provision of the Assam Land Grabbing (Prohibition) Act, 2010 in all suitable cases. The affidavit further provided that the entire exercise would be completed within 15.12.2021. 7. As a follow up measure, a subsequent affidavit was filed by the Deputy Commissioner, Kamrup (M) on 10.11.2021, wherein an action taken report was enclosed as Annexure-I thereof. The contents of the action taken report is in the form of a communication dated 03.11.2021 from the Deputy Commissioner, Kamrup (M), the contents of which is extracted as below :- Sl. No. Name of Revenue Circle Action taken report 1. Guwahati Circle Officer Guwahati Revenue Circle has informed that he has filed case under appropriate Section of the Assam Land Grabing (Prohibition) Act before the Hon’ble District & Session Judge, Kamrup Metro against 96 Nos of unauthorized occupants of Govt. land, which was earlier allotted to various Government Department. (Copy enclosed) 2. Dispur Circle Officer Dispur Revenue Circle has informed that he has filed case under appropriate Section of the Assam Land Grabing (Prohibition) Act before the Hon’ble District & Session Judge, Kamrup Metro against 195 Nos of unauthorized occupants of Govt. land, which was earlier allotted to various Government Department. (Copy enclosed) 3. Sonapur As per filed verification report submitted by Circle Officer, Sonapur Revenue Circle no land allotted to any Government Department has been encroached by any persons/ organizations etc. 4. land, which was earlier allotted to various Government Department. (Copy enclosed) 3. Sonapur As per filed verification report submitted by Circle Officer, Sonapur Revenue Circle no land allotted to any Government Department has been encroached by any persons/ organizations etc. 4. Azara As per filed verification report submitted by Circle Officer, Azara Revenue Circle no land allotted to any Government Department has been encroached by any persons/ organizations etc. 5. Chandrapur (a) As per report of Circle Officer, Chandrapur Revenue Circle the land measuring 140B-3K-9L of village Chandrapur Bagicha under Panbari mouza have been encroached by 305 nos of families (under litigation in WP(C) No.4445/2005 which has been disposed of on 07/03/2013) and the said land is to be made encroachment free. Accordingly, the concerned LM and SK have submitted status report alongwith the list of encroachers encroaching upon the land as stated above which transpires that the said land belongs to M/s National Textile Corporation Ltd. (NTC) covered by Dag No.547, 549 and 515 of village Chandrapur Bagicha under Panbari mouza and the total nos of encroachers of the said land is 277 only at present. All the encroachers have served notice for eviction. (b) 21B-3K-15L covered by Dag No.344, 345, 346, 348, 349 and 390/343, 98)b), 100/204 of patta No.39, 23, 33/23 in village Bonda under Beltola mouza in the name of erstwhile Fertichem Ltd. have been made encroachment free and possession of the same is handed over to ASTPPC Ltd and AIDC. (c) 8B-4K-10L covered by Dag No.90 and 92 and 6B-0K-0L covered by Dag No.16(B) of village Bonda under Beltola mouza in the name of Bonda Anchalik High School and Raghunath Choudhury Hindi High School are being made encroachment free. 8. The reading of the action taken report makes it discernable that in certain cases, proceedings under the Act of 2010 has been initiated, whereas in respect of certain other encroachers, eviction notices have been annexed. 9. In the aforesaid circumstance, the respondents No.5—90 and respondents No.92—246 & 247—281, have got themselves impleaded as respondents in the PIL proceedings. 10. The core contention of the impleaded respondents before the Court is that in the guise of issuing eviction notices, the respective Circle Officers have in fact issued notices/orders for eviction of the persons concerned and the grievance raised is that the appropriate procedure under the law for initiating an eviction had not been followed. 11. 10. The core contention of the impleaded respondents before the Court is that in the guise of issuing eviction notices, the respective Circle Officers have in fact issued notices/orders for eviction of the persons concerned and the grievance raised is that the appropriate procedure under the law for initiating an eviction had not been followed. 11. It is disturbing to notice that most of the notices referred to the order of the Court, purportedly the order dated 31.03.2021, to justify the provisions of the respective notices requiring immediate eviction of the persons concerned. 12. We clarify and reiterate that in the order dated 31.03.2021, all that the Court provided was that efforts to work out a concrete scheme for removal of the encroachers or settlement, if permissible in law, shall also be explored. The very expression “if permissible in law”, is itself adequate indication that the Court never asked the respective Circle Officers to issue eviction notice/order without following the procedure of law and the requirement of law was that if in a given case eviction is to be carried out, it has to be by following the due procedure of law. 13. When the aforesaid infirmity was brought to the notice of the concerned Circle Officer, an order dated 27.01.2023 of the Circle Officer, Chandrapur Revenue Circle, has been produced before the Court, which again is extracted herein below : GOVT. OF ASSAM OFFICE OF THE CIRCLE OFFICER :: CHANDRAPUR REVENUE CIRCLE KAMRUP METROPOLITAN DISTRICT :: PANIKHAITI No.CPC S.95/2016/60 Dated – 27/01/2023 ORDER It is hereby informed that due to oversight inadvertently eviction notices were issued from the office of the Circle Officer, Chandrapur Revenue Circle, vide Order/Memo No. CPC S.95/2016/1656-1932 Dated 20.10.2021, to the person those who are residing in Dag No.311, 319, 323, 515, 547, 549, 566, 567 & 984, of K.P. Patta No.33 in village: Chandrapur Bagicha, Mouza : Panbari. Henceforth, the aforesaid notices have been withdrawn from this end with immediate effect and further action (if required) is to be taken following due procedure of law. Yours faithfully Circle Officer & ASO Chandrapur Revenue Circle Kamrup (M) 14. A reading of the aforesaid order makes it discernable that the respective eviction notices/orders were issued without following any procedure of law due to inadvertence. However, all such notices have been recalled by the authorities. Yours faithfully Circle Officer & ASO Chandrapur Revenue Circle Kamrup (M) 14. A reading of the aforesaid order makes it discernable that the respective eviction notices/orders were issued without following any procedure of law due to inadvertence. However, all such notices have been recalled by the authorities. As the order is in respect of only the Chandrapur Revenue Circle, we also provide that if similar orders were issued by the Circle Officers of any other concerned Revenue Circle, by issuing notice or order of eviction without following the due procedure of law merely by referring to the order of the Court dated 31.03.2021, the same shall also be deemed to be withdrawn by the respective Circle Officers. 15. In the process, after the eviction notices/orders have been withdrawn or are going to be withdrawn, the respective Circle Officers in pursuance to the earlier order dated 31.03.2021, shall now issue individual notices to the respective persons/ encroachers, strictly by following the due procedure of law. 16. It is stated by the learned counsel appearing for the Deputy Commissioner, Kamrup (M) that the appropriate provision of law to initiate such action for eviction of the illegal encroachers would be Rule 18, under the Assam Land Revenue Regulation, 1886 (in short “Regulation, 1886). Accordingly we permit the respective Circle Officers/Deputy Commissioner, Kamrup (M) to issue appropriate notices under Rule 18 to all such individual persons/ encroachers, who in view of the authorities are required to be evicted and bring the process to its logical end. 17. Mr. K.N. Choudhury, learned Senior Counsel for some of the impleaded respondents, who were issued the earlier notices/orders of eviction, makes a submission that under Rule 18(2) of the Regulation, 1886, the noticees are also entitled to take a stand that they have bona fide claim over the land under their occupation. To that extent we accept the submission of learned Senior Counsel and if in any such notice, that may be issued to the person/ encroacher under Rule 18, the respective person/encroacher may take their own stand and substantiate as regards any bona fide claim and if such stand is taken by any individual person/encroacher, the authority while bringing the notices under Rule 18 to its logical end, shall also pass a reasoned order on such bona fide claim. 18. 18. We are clarifying that we are not expressing any view that if any bona fide claim is made, the Deputy Commissioner, Kamrup (M)/Circle Officer would not be required to further evict such person. All that we are providing is that the bona fide claim of the person concerned would be given a hearing and a reasoned order on the facts and under the law be passed, which again is clarified that such claim may also be rejected, if appropriate circumstance so demands. 19. Mr. K.N. Choudhury, learned Senior Counsel for some of the impleaded respondents as indicated above also takes a stand that all such persons/encroachers who are occupying Government land are indigenous people and therefore, are entitled to allotment of land under the Land Policy of 2019 for the landless people. 20. We specifically provide that a process for initiating eviction of illegal encroachers from Government land and a claim made by any person including the encroacher for being entitled to allotment of land under the Land Policy of 2019 are two separate and unconnected issues and both are not inter dependent to each other. 21. If persons are illegally occupying Government land without any authority of law, such persons would be liable to be evicted by following due procedure of law and on the other hand, if any person whether they are illegally occupying Government land or otherwise, are entitled to any land being allotted under the Land Policy of 2019, a separate and distinct consideration would have to be made against such claim. 22. In view of the above, if any of the persons who are illegally occupying the Government land are also of the view that they have an independent legal right for allotment of land under the Land Policy of 2019, such individual persons without any reference to any notice of eviction that may be issued to them under Rule 18, may also make their individual applications to the Deputy Commissioner, Kamrup (M) for allotment of land under the Land Policy of 2019. 23. 23. Accordingly, the following directions are issued : (I) The Deputy Commissioner, Kamrup (M) and the respective Circle Officers if upon the materials on record are of the view that certain persons are illegally encroaching upon the Government land, individual notices under Rule 18 of the Regulation, 1886 be issued to them forthwith and all such individual notices be dealt by passing individual reasoned orders and in any such notice, if any of the person takes a stand of having bona fide claim over the land, the same be also decided upon by the Deputy Commissioner, based on the materials on record that may be produced by such person. If in respect of such individual persons the Deputy Commissioner arrives that there are no bona fide claim, appropriate reasoned order may be passed. On the other hand, if the order in respect of any such person is that the person may have a bona fide claim, the Deputy Commissioner may accordingly pass his own order and subject such person to the appropriate provision of law. (II) If any of the persons make any individual application for allotment of land under the Land Policy of 2019, the Deputy Commissioner shall subject such applicant for its appropriate consideration under the law and pass a reasoned order whether in the facts and circumstances of the individual, the person concerned has any legal right for allotment of any Government land and accordingly, if the Deputy Commissioner is of the view that the given person is not entitled, a reasoned order be passed and on the other hand, if the Deputy Commissioner is of the view that somebody has any kind of entitlement, again another reasoned order may be passed in respect of such person. (III) The notices as indicated above, under Rule 18 of the Regulation, 1886 be issued forthwith and the appropriate procedure of law be followed and brought to its logical end within a period of six months from today. On the other hand, if applications are made for allotment of land under the Land Policy of 1989, the same also be given its individual consideration and appropriate orders be passed within six months from today. 24. On the other hand, if applications are made for allotment of land under the Land Policy of 1989, the same also be given its individual consideration and appropriate orders be passed within six months from today. 24. We also clarify that in the event, the authorities arrive at any conclusion that any of the persons have right for allotment of land, it is not to be construed by virtue of this order that such allotment would have to be only in respect of the land which are already under their occupation/ encroachment, and as already clarified the entitlement for allotment of land and the liability to be evicted from the encroached land, are two separate and distinct issues. The land if allotted to any person would be as per discretion of the Deputy Commissioner as to where would be the location of such land to be allotted, and no right exists in favour of the encroachers that the land if allotted would have to be the same land which they are illegally occupying. 25. As we have already noted that all such earlier eviction notices have been recalled or would be recalled, we are of the view that the said issue should not detain the authorities in any manner because of the pendency of any other Writ Petition on the same cause and the direction issued here-in-above shall be carried out, without any impediment. 26. Although the explanation by Mr. Jintu Borah, Circle Officer, as to why the notices/orders for eviction without following the due procedure of law was issued, by referring to the order of the Court, is unsatisfactory, however as the notices have been withdrawn in the meantime, we do not proceed any further in this aspect and his further appearance is dispensed with. 27. It is further provided that neither of the parties shall intend to give a different interpretation to this order in any manner and the requirement of the order is to be strictly complied with. 28. List the matter on 06.04.2023 for update.