Page No.# 1/6 GAHC010240802025 2025:GAU-AS:14829 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6222/2025 ABUL KASEM RESIDENT OF VILLAGE 1 NO. MAJGAON, LUTUMARI MUKTA BONANCHAL, UNDER KAMPUR POLICE STATION, IN THE DISTRICT OF NAGAON, ASSAM. 782426 2: HAZERA KHATUN WIFE OF RAMJAN ALI RESIDENT OF VILLAGE AMDUBI LUTUMARI MUKTA BONANCHAL UNDER KAMPUR POLICE STATION IN THE DISTRICT OF NAGAON ASSAM 3: HASSEN ALI SON OF OSEN ALI RESIDENT OF VILLAGE AMDUBI LUTUMARI MUKTA BONANCHAL UNDER KAMPUR POLICE STATION IN THE DISTRICT OF NAGAON ASSAM 782426 4: ABUL KASEM SON OF LATE MUSLIM UDDIN RESIDENT OF VILLAGE AMDUBI 9 NO. KHERONI LUTUMARI MUKTA BONANCHAL UNDER KAMPUR POLICE STATION IN THE DISTRICT OF NAGAON ASSAM 78 2426 5: MALIKA BIBI WIFE OF SIRAJ UDDIN RESIDENT OF VILLAGE AMDUBI LUTUMARI MUKTA BONANCHAL UNDER KAMPUR POLICE STATION Page No.# 2/6 IN THE DISTRICT OF NAGAON ASSAM 78242 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006, ASSAM. 2:THE DISTRICT COMMISSIONER NAGAON DC OFFICE COMPLEX .. ROAD AMOLAPATTY NAGAON ASSAM-782002. 3:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM-782426 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI KAMRUPM ASSAM. 5:DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM-7824 36 6:FOREST RANGE OFFICER KAMPUR FOREST RANGE NAGAON 78242 Advocate for the Petitioner : MR. S. K. CHAKMA, MR A.K. HAJONG,MR I CHAKMA,MS N DEKA,MS. D GHOSH Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FOREST Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 03.11.2025 1. Heard Ms. D Ghosh, learned counsel for the petitioners. Also heard Mr. P.N Goswami, learned Additional Advocate General appearing for the Forest Department. 2. The petitioners claim to be landless indigenous people who are residents of Ranipukhuri Non-Cadastral (N.C) under Kampur Revenue Circle, District-Nagaon, Assam. 3. It is the case of the petitioners that separate show cause notices dated 08.10.2025 (Annexure-1 series) have been issued to the petitioners by the Divisional Forest Authority, Nagaon Forest Division, alleging that the petitioners are illegally encroaching the land of Lutumai Reserve Forest and within its defined boundaries. 4. In the aforesaid notice, the petitioners were asked to submit any claim, representation or supporting documents to justify their occupation of the forest land within 15 days from the date of issuance of the notice. 5. It is the case of the petitioners that the Directorate of Surveys, Assam is conducting a survey as the village is Non Cadastral. Accordingly, a communication dated 02.06.2025 (Annexure-3) was issued to the Circle Officer, Kampur Revenue Circle by the Joint Director of Surveys, Assam, Dakhingaon. 6. The said communication indicates that the survey of 6 Non- Cadastral villages in question remained incomplete due to a contention raised by the Forest Department to the effect that the area Page No.# 4/6 is under the Lutumai Reserve Forest. 7. In the aforesaid backdrop, it is contended that the petitioners though intended to file representation raising their claim including the claim that since it is declared as a revenue village and schools, Anganwadi centers are running from the said village, it is not within the jurisdiction of the Forest Department to issue such a notice, however, such representation has not been accepted by the District Forest Officer who issued the notice. 8. Mr. P.N. Goswami, learned Addl. Advocate General, Assam representing the Forest Department submits that the Divisional Forest Authority shall accept and receive the representation filed by the petitioners and consider the contentions raised in the writ petition, including the claim that such land is not within the boundary of Lutumai Reserve Forest but within a Non-Cadastral revenue village. 9. Mr. Goswami, further submits that for the purpose of determining such disputed facts, they shall also take a joint verification along with the revenue authorities and the Director of Surveys. 10. Forest lands are outside the purview of settlement, however, there may be various situations, such as question of disputes pertaining to the boundary of such forest or there may be disputes related to reservation or de-reservation of the land for forest or for that matter, there may be a dispute that the persons who have been granted the settlement in respect of a land even before being declared as reserved forest etc. such may involve a bona-fide right to claim. Page No.# 5/6 11. Thus, when forest land cannot be settled, however, when a bona fide claim is raised, the affected persons should be given a proper opportunity to be heard. 12. In the opinion of this Court, when the bonafide claim of right is raised, the authority cannot be permitted to unilaterally decide as to whether an occupier/possessor has a bonafide claim of the right involved, inasmuch as, it would require adjudication of both law and facts and without providing any opportunity to the occupier/ possessor, it would be in violation of principle of natural justice, 13. Under such circumstances, issuance of a notice shall be necessary to form a subjective satisfaction, which is in consonance with the principles of natural justice inasmuch as the same will facilitate a just, fair and transparent procedure, which are facets of Articles 14, 19 and 21 of the Constitution of India. 14. In view of the aforesaid, this writ petition stands disposed of, directing the Divisional Forest Authority, Nagaon, to accept the representation filed by the petitioners within 10 days from today, and pass a speaking order and thereafter, to consider the grievance raised by the petitioners, including the jurisdiction of the forest authorities. 15. The survey report will also be furnished to the petitioners. 16. The period of 15 days shall start from the receipt of such representation, which the petitioners shall file along with a copy of this order within a period of 10 days from today. The speaking order so passed may be communicated to the petitioners along with the joint survey report, if any. Page No.# 6/6 17. Mr. Goswami, learned Addl. AG submits that till the period indicated above is over and as proposed in the notice, the forest authority will not carry out any eviction, so far as the same relates to the petitioners. 18. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant