Page No.# 1/4 GAHC010008872026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/119/2026 PHUKAN CHANDRA BORA S/O PREMESWAR BORA, R/O NUMALI JALAH, MOUZA- SINDURIGHUPA, P.S. CHANGSARI, IN THE DISTRICT KAMRUP (RURAL), GUWAHATI, ASSAM-781031 VERSUS 1.THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM GUWAHATI ULUBARI GUWAHATI ASSAM-781007 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE RELIEF AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI ASSAM-781006 4:THE DISTRICT COMMISSIONER KAMRUP AMINGAON GUWAHATI ASSAM-781031 5:THE SUB-DEPUTY COLLECTOR AMINGAON REVENUE CIRCLE AMINGAON GUWAHATI ASSAM- 781031 6:THE CIRCLE OFFICER KAMRUP (RURAL) AMINGAON REVENUE CIRCLE GUWAHATI ASSAM- 781031 7:THE LAT MONDAL KAMRUP (RURAL) AMINGAON REVENUE CIRCLE GUWAHATI ASSAM-781031 Page No.# 2/4 8:THE OFFICER IN-CHARGE GAURIPUR POLICE STATION AMINGAON GUWAHATI-781031 9:GUWAHATI BIOTECH PARK THROUGH THE CHIEF EXECUTIVE OFFICER HAVING OFFICE AT AMINGAON NEAR S.P. OFFICE GUWAHATI ASSAM-78103 For the Appellant(s) : Mr. D. Das, Senior Advocate assisted by Mr. K. Talukdar, Advocate. For the Respondent(s) : Mr. D.K. Sarmah, Additional Senior Government Advocate, Assam for respondent Nos.1, 2, 4, 5, 6 & 8. : Mr. R. Borpujari, Standing Counsel, Revenue Department for respondent No.3. –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 27.04.2026 (Ashutosh Kumar, CJ) We have heard Mr. D. Das, learned Senior Advocate assisted by Mr. K. Talukdar, learned Advocate for the appellant and Mr. R. Borpujari, learned Standing Counsel, Revenue Department. Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam is present. The appellant, a landless person, claimed that he was in continuous and uninterrupted possession of a plot of land in village Numalijalah, Amingaon since 1982. However, he suffered a threat of displacement when the land over which he had constructed his house was identified as the land over which a park had to be made. There were series of legal battles between the appellant and Page No.# 3/4 others and the State but ultimately the issue was decided that the area in question would form part of Guwahati Biotech Park. The request of the appellant for being allotted an alternative land under the Land Policy of the State of 2019 was though allowed but the choice of the land offered to the appellant is not acceptable to him. The plot which has been identified to be given to the appellant under the benevolent Land Policy of the State is stated to be too remote and about 50 km away from current home and the place of his work. The land, according to the Mr. Das, learned Senior Advocate for the appellant, is a low-lying paddy field, with no drainage or basic facility. There is no basic human settlement within the 5 km radius of the land in question, rendering it absolutely unfit for residential purposes. There are no schools or health care facilities nearby and the trouble of the appellant with eviction would continue even if that plot of land is handed over to him. The impugned judgment clearly reveals that in consideration of the provisions contained in the Land Policy of 2019, the State has proposed for a plot of land to be given to the appellant for his accommodation. The appellant, the learned Single Judge observed, is entitled to a fair consideration but he would not have the liberty to choose the plot which would be given to him as an alternative accommodation. We have no reasons to interfere with the reasoning of the learned Single Judge. Page No.# 4/4 However, considering the difficulties of the appellant, we only direct that the land in question ought to be handed over to the appellant, which has already been identified, within a period of 2(two) weeks positively and during this period (two weeks to be counted from today), the appellant may not be evicted. With the afore-noted observation, this appeal stands disposed off. JUDGE CHIEF JUSTICE Comparing Assistant