NABIN CH. PAO and 7 ORS v. THE UNION OF INDIA and 15 ORS
WP(C)/723/2016 · 2025-09-17
Sanjay Kumar Medhi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 18959 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18959 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010202162016
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/723/2016 NABIN CH. PAO and 7 ORS S/O LT. NANDA LAL PAO, VILL. MULUKGAON, P.S. CHABUA, DIST- DIBRUGARH 2: MADHESWAR DANG S/O LT. BIKADAR DANG VILL. DADHIN CHARISUTI P.S. CHABUA DIST- DIBRUGARH 3: RAJARAM PAIT S/O LT. CHENIRAM PAIT VILL. DADHIA KULIGAON P.S. CHABUA DIST- DIBRUGARH 4: BIRAT NARAH S/O LT. KRIPA NATH NARAH VILL. DADHIA P.S. CHABUA DIST- DIBRUGARH 5: PADMA NATH PEGU S/O LT. BIKRAM PEGU VILL. DADHIA MAHMARA P.S. CHABUA DIST- DIBRUGARH 6: HARUNATH NIPUN S/O LT. HOLIRAM NIPUN VILL. DADHIA TENGABARI P.S. CHABUA DIST- DIBRUGARH
Page No.# 2/5 7: GANGADHAR PAO S/O LT. JARMAN PAO VILL. DADHIA MAHMARA P.S. CHABUA DIST- DIBRUGARH 8: PADMADHAR NARAH S/O LT. RATI KANTA NARAH VILL. DADHIA P.S. CHABUA DIST- DIBRUGAR VERSUS THE UNION OF INDIA and 15 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA, FOREST AND ENVIRONMENT DEPTT., NEW DELHI 2:THE STATE OF ASSAM REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GHY-6 3:THE SECY. GOVT. OF ASSAM FINANCE DEPTT. ASSAM SECRETARIAT DISPUR GHY-6 4:THE SECY. TO THE GOVT.OF ASSAM FOREST and ENVIORNMENT DEPTT. ASSAM SECRETARIAT DISPUR GHY-6 5:THE SECY. TO THE GOVT.OF ASSAM REVENUE SETTLEMENT DEPTT. ASSAM SECRETARIAT DISPUR GHY-6 6:THE SECY. TO THE GOVT. OF ASSAM WPT and BC DEPTT. ASSAM SECRETARIAT DISPUR GHY-6
Page No.# 3/5 7:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST and HEAD OF FOREST FORCE ASSAM REHABARI GHY-8 8:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST WILD LIFE ASSAM BASISTHA GHY-29 9:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL ASSAM REHABARI GHY-8 10:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST NODAL ASSAM REHABARI GHY-8 11:THE DIVISIONAL FOREST OFFICER WILD LIFE DIVISION TINSUKIA DIVISION BORGURI TINSUKIA-786126 12:THE DIVISIONAL FOREST OFFICER WILD LIFE DIVISION DIBRUGARH DIVISION DIBRUGARH 13:THE DIVISIONAL FOREST OFFICER WILD LIFE DIVISION DOOMDOOMA DIVISION DOOMDOMA 14:THE DIVISIONAL FOREST OFFICER WILD LIFE DIVISION DIGBOI DIVISION DIGBOI 15:THE DY. COMMISSIONER DIBRUGARH DISTRICT DIBRUGARH 16:THE DY. COMMISSIONER TINSUKIA DISTRICT TINSUKI Advocate for the Petitioner : MR.S M SARMA, MR.M M DEKA,MR.U C RABHA
Page No.# 4/5 Advocate for the Respondent : ASSTT.S.G.I., MS G HAZARIKA,SC REVENUE,MS G HAZARIKA,SC, FOREST,SC, FINANCE,MS.A VERMA(R- 16),GA, ASSAM,MS.S KHANIKAR(R- 16)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 18.09.2025
Heard Shri U.C. Rabha, learned counsel for the petitioners.
Also heard Shri S.S. Roy, learned State Counsel, Shri R. Borpujari, learned Standing Counsel, Revenue Department and Shri P.N. Goswami, learned Standing Counsel Forest Department. Considering the subject matter involved in this writ petition which is pending since the year 2016 and also taking into account the latest instructions received by the learned Standing Counsel, Forest Department, the present writ petition is taken up for disposal at the admission stage. The petitioners who are eight in numbers have contended that since a considerable length of time, around 1206 families with total population of about 3500 are residing in the greater Dadhia Forest Village. However, in the year 1986, the village was declared to be part of Wildlife Sanctuary followed by further notifications which required the eviction of the petitioners. The petitioners had submitted numerous representations and had ultimately approached this Court. Shri Rabha, the learned counsel has submitted that the matter for the resettlement of the petitioners and the families are under active consideration and till date, the families are still residing in their original place. Page No.# 5/5 The learned Standing Counsel, Forest Department has however placed before this Court a communication dated 08.09.2025 issued by the PCCF Wildlife to the PCCF and HOFF. The said communication is also accompanied by some documents which have been appended as Annexures I, II, III and IV to the same. Amongst the documents, there is also a Minutes of Meeting dated 12.08.2025 as per which Government land measuring 177 Bigha of Chaulkhowa Gaon under West Revenue Circle has been identified for the rehabilitation of Dodhia inhabitants and a separate plot of land measuring 15 Bigha of the same village has been identified for establishing various social development activities like Schools and other Infrastructure Projects.
This Court on being apprised of the aforesaid development is of the view that since a conscious decision has been taken for rehabilitation of the petitioners and the other inhabitants in the location mentioned above, there would be no requirement to continue this writ petition any further. This Court is also of the opinion that such a move is in consonance of keeping the forest areas encroachment free and at the same time balance the rights of the forest dwellers. In view of the aforesaid observation, writ petition is closed. The communications dated 08.09.2025 along with its Annexures have already been taken note of by this Court in its earlier order and has been marked as Flag “X” which would be part of the records. JUDGE Comparing Assistant