Page No.# 1/7 GAHC010230162024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3216/2024 ATABUR RAHMAN AND 9 ORS SON OF ABDUL KASEM RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 2: KHURSED ALI SON OF NURUDDIN ALI RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 3: NIZAMUDDIN SON OF MANURUDDIN RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON Page No.# 2/7 P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 4: IYACHIN ALI SON OF ABDUL MANNAS RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 5: USMAN ALI S/O- NUR HUSEN MANSI RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 6: ABDUL LATIF SON OF LATE KASEM ALI RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM Page No.# 3/7 PIN- 782410. 7: ABUL KASEM SON OF LATE IMAN ALI RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 8: SURHAB ALI SON OF LATE ABDUL JABBAR RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 9: SHAHAJUL ISLAM SON OF SHAHJAHAN ALI RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. 10: ABU TALEB SON OF LATE TAHER ALI Page No.# 4/7 RESIDENT OF VILLAGE- SILBHANGA (NA-KHULAGRANT) MORIGAON P.O.- JAGIROAD P.S.- JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410. VERSUS THE UNION OF INDIA AND 7 ORS TO BE REPRESENTED BY THE GENERAL MANAGER NORTHEAST FRONTIER RAILWAY MINISTRY OF RAILWAYS RAILWAY HEADQUARTER MALIGAON GUWAHATI- 781011. 2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI- 781006. 3:THE DIVISIONAL RAILWAY MANAGER (WORKS) LUMDING ASSAM. 4:SENIOR DIVISIONAL ENGINEER N.F. RAILWAY LUMDING ASSAM. 5:THE DISTRICT COMMISSIONER MORIGAON ASSAM. 6:THE CIRCLE OFFICER MAYONG REVENUE CIRCLE 7:SUPERINTENDENT OF POLICE Page No.# 5/7 MORIGOAN ASSAM. 8:THE OFFICER-IN-CHARGE JAGIROAD POLICE STATION. ------------ Advocate for : MR. A R BHUYAN Advocate for : SC RAILWAY appearing for THE UNION OF INDIA AND 7 ORS BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 17-07-2025 1. Heard Mr. A. R. Bhuyan, learned counsel for the petitioners and Mr. R. K. Devchoudhury, learned Deputy Solicitor General of India and Mr. R. Borpujari, learned Standing counsel, Revenue and Disaster Management Department for the respondents. 2. The grievance of the petitioners is that they are erosion affected people residing in Jagiroad Railway Quarry siding area at Village-Silbhanga (Na-Khulagrant), Morigaon for last around 40 to 50 years. According to them, though they are erosion affected people, they have not been rehabilitated by the Government of Assam. They are aggrieved by the Notice dated 12.06.2024. According to them, the same was pasted in some of the sheds or the houses of the petitioners stating that they have to vacate the land in question and the proceeding has been undertaken under the Public Premises (Eviction of Un-authorised occupants) Act, 1971. 3. This Court under its order dated 24.06.2024, directed the respondent Railways not to proceed with the process of eviction undertaken with the Government of Assam until the next date fixed. 4. The parties have filed their respective affidavits. The respondent Revenue and Page No.# 6/7 Disaster Management Department has filed an affidavit whereby it is contended that a land lease agreement has been entered between Lumding Division, N.F. Railway and the Assam Industrial Development Corporation Limited (AIDCL) and accordingly, the aforesaid land was handed over to the respondent State for the purpose of establishment of various facilities supporting TATA semiconductor and any other facilities including the establishment of the National Institute of Electronics and Information Technology University (NIELITU) by AIDCL . 5. It is the stand of the respondent State that the NIELITU shall be constructed over the plot of land, which is/was under encroachment of the petitioners herein. It is also stand that the petitioners herein preferred an application before the authorities with a request that they will vacate the land and they may be rehabilitated somewhere. It is further stand of the respondent State that the petitioners have also requested their engaged counsel to withdraw this petition. In support of such contention, they have also annexed representation filed by them before the authorities and also a copy of message purportedly delivered to their learned counsel seeking withdrawal of this petition. 6. Mr. Bhuyan, learned counsel for the petitioners submits that he has received message telephonically from the petitioners for withdrawal of this petition, however, one of the petitioners is in judicial custody and therefore, he could not ascertain the stand of the said petitioner. 7. In view of the aforesaid, this writ petition stands closed with a direction that the cases of the petitioners be considered for payment of compensation/rehabilitation as per the extent norms as provided, more particularly, in terms of the Notification dated 06.01.2021 (Annexure-4 to the affidavit-in-opposition filed by the Revenue Department). 8. The interim order passed earlier is hereby vacated. JUDGE Page No.# 7/7 Comparing Assistant