Page No.# 1/10 GAHC010098512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./89/2026 THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 781006 2: THE DISTRICT COMMISSIONER KAMRUP METRO HENGRABARI GUWAHATI-781036 ASSAM. 3: THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DIST. KAMRUP M HENGRABARI GUWAHATI 781036 ASSAM. 4: THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI 781007 VERSUS SRI MONMIL BORO AND 25 ORS SON OF LATE RAMCHARAN BORO 2:SMTI SHANTI DEVI W/O HARINDER RAY 3:SOVIT PURBEY S/O LATE RAMBILASH PURBEY 4:SMTI SUMAN DEVI Page No.# 2/10 W/O AKALU GUPTA 5:LALIT KAMAT S/O KAPLESWAR KAMAT 6:HARI PRASAD S/O RAMDAS PRASAD 7:DINESH KAMAT S/O KAPLESWAR KAMAT 8:SMTI NEERA GUPTA W/O SRI BINOD KUMAR GUPTA ALL ARE R/O VILL. ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP ASSAM PIN 781007. 9:SRI RINKU DAS SON OF LATE RANABIR DAS RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT- KAMRUP M ASSAM PIN 781007. 10:TUTUMONI HAZARIKA W/O MRINAL HAZARIKA RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 11:SMTI MANJU DEVI W/O LATE DILIP SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP Page No.# 3/10 ASSAM PIN 781007. 12:SRI DUKHAHARAN RAUT RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007 13:SMTI KONJENBAM ANJALI DEVI D/O- LAT K HANTA SINGH RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI P.S- PALTAN BAZAR DISTRICT-KAMRUP METRO ASSAM PIN 781007. 14:SRI ARUN MONDAL S/O LAT HARADHAN MONDAL R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 15:SRI SANJAY KUMAR BHURA S/O LATE SHANTILAL BHURA RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 16:POTSHANGBAM KHONI CHAOBA MEETEI S/O P PISHAK MEETEI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M Page No.# 4/10 ASSAM PIN 781007. 17:SRI PANCHAM ROY SON OF LATE BALDEV ROY ULUBARI BIRUBARI MOUZA ULUBARI PS PALTANBAZAR DISTRICT KAMRUP METRO ASSAM PIN 781007 18:NILIMA ROY W/O LATE BIKRANT KUMAR ROY R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007 19:MAYA RANI BANIA W/O PRADIP KANU R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007 20:SRI BAKUL GHOSH RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 21:SRI INDRA BISWAS S/O LATE UPEN CH. BISWAS R/O OF VILLAGE ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR Page No.# 5/10 MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 22:SRI SANKAR SINGH S/O LATE RAMJEE SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 23:JAY PRAKASH PRASAD S/O LATE BISWANATH RAM R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 24:BHUMIKA PATHAK MEDHI W/O. LT. PARAMANDA MEDHI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 25:SMTI SAROJ DEVI W/O MITHILESH SINGH R/O OF VILLAGE BIRUBARI ULUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 26:KAILASH MAHASETH Page No.# 6/10 S/O. LT. AWADH MAHASETH RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 78100 Advocate for the Petitioner : MR. D SAIKIA, MR. R BORPUJARI Advocate for the Respondent : MR. K KASHYAP (R-1), MR. M J BHATTACHARYYA (R- 9,12,13,15,16,17,24,26),MR. T DEURI (R-9,12,13,15,16,17,24,26),MR. N N B CHOUDHURY (R-1) Linked Case : WA/311/2025 SRI MONMIL BORO AND 7 ORS SON OF LATE RAMCHARAN BORO 2: SMTI SHANTI DEVI W/O HARINDER RAY 3: SOVIT PURBEY S/O LATE RAMBILASH PURBEY 4: SMTI SUMAN DEVI W/O AKALU GUPTA 5: LALIT KAMAT S/O KAPLESWAR KAMAT 6: HARI PRASAD S/O RAMDAS PRASAD. 7: DINESH KAMAT S/O KAPLESWAR KAMAT. Page No.# 7/10 8: SMTI NEERA GUPTA W/O SRI BINOD KUMAR GUPTA ALL ARE R/O VILL. ULUBARI (BIRUBARI) DR. B.R. AMBEDKAR NAGAR MOUZA ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REP BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GUWAHATI 781006 2:THE DIST. COMMISSIONER KAMRUP (M) HENGRABARI GUWAHATI 781036 ASSAM. 3:THE CO DIST. COMMISSIONER NEW GUWAHATI CO DIST. KAMRUP (M) HENGRABARI GUWAHATI 781036 ASSAM. 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI 781007 ------------ For the Petitioner(s) : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. R. Borpujari, Standing Counsel, Revenue & Disaster Management Department. For the Respondent(s) : Mr. N.N.B. Choudhury, Senior Advocate, assisted by Mr. K. Kashyap, Advocate for respondent No.1. : Mr. T. Deuri, Advocate for respondent Nos.9, 12, 13, 15, 16, 17, 24 & 26. Page No.# 8/10 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 04.06.2026 (Ashutosh Kumar, CJ) This review petition has been filed on behalf of the State against the judgment dated 27.11.2025 passed by this Court in a slew of writ appeals, the lead appeal being Writ Appeal No. 311/2025, whereby this Court had upheld the validity of the eviction of the respondents herein, but directed the State authorities, especially the Principal Secretary to the Government of Assam, Revenue & Disaster Management Department, and the Deputy Commissioner, Kamrup (M), to assess the claims of the respondents herein for their rehabilitation in terms of the Assam Land Policy, 2019, and the Settlement Rules framed under the Assam Land & Revenue Regulation, 1886. It was further clarified by this Court that such assessment would involve verification of landlessness, indigenous status of the respondents herein as also their socio-economic vulnerability and absence of alternative accommodation. Keeping that in mind, this Court had, by the judgment sought to be reviewed, directed that the exercise of assessing the claims of the respondents for their rehabilitation to be completed within a period of 90(ninety) days, to be counted from the date of the delivery of the judgment and that, in the meanwhile, they ought not to be evicted. The learned Advocate General, Assam, has informed this Court that the exercise was completed within the stipulated time and the claims of the respondents have been rejected by a speaking order, Page No.# 9/10 which has been annexed with the review petition. We were, in the first instance, surprised as to the reason for filing the present review petition, when the directions of this Court have already been complied with and a speaking order has been passed. The learned Advocate General has informed this Court that Paragraph 68 of the judgment could be prone to misinterpretation in the future. For the sake of clarity and, at the same time, for avoiding prolixity, it would be appropriate that Paragraph 68 of the judgment sought to be reviewed is extracted herein below:- “68. Taking note of submissions of the learned Advocate General, Assam, that the construction of the hospital is already completed, and land occupied by the appellants is required for future expansion and for ancillary activities, in our considered opinion, ends of justice would be met, if it is provided that till such determination is made, no coercive steps shall be taken to demolish the existing dwelling houses of the appellants.” While disposing off the appeals preferred by the respondents herein, this Court had noted that the construction of the hospital had been completed and the land occupied by the appellants was required for future expansion of the hospital as also for ancillary activities. Notwithstanding the urgent need for the land to be vacated, which was originally reserved for construction of hospital, a breathing space was given by this Court to meet the ends of justice. Keeping that in mind, it was directed that unless such an exercise is carried out by considering the cases of the respondents for their settlement, they ought not to be evicted. The time limit for concluding such exercise was also fixed at 90(ninety) days. The embargo on the eviction of the respondents by virtue of the Page No.# 10/10 afore-noted judgment would have been triggered only if such exercise were not concluded. There could be dissatisfaction with the speaking order passed by the review petitioners, which could be questioned by the respondents herein, but so far as the eviction is concerned, this Court had ratified the decision to evict the respondents, which judgment has not been questioned. In that view of the matter, we find that no review of the judgment is required. With the afore-noted clarification that after the exercise, as contemplated in the judgment, is over, it would be open for the State to recover the land which is needed urgently for the purposes of expansion of the hospital buildings and construction of administrative buildings and other ancillary purposes. However, it would be open for the State to reconsider the claim of the respondents herein as per the land policy, in case such a request comes, but such reconsideration would be subject to the respondents immediately vacating the land, on which they have settled themselves. With the above observation and clarification, the review petition stands disposed off. JUDGE CHIEF JUSTICE Comparing Assistant