Gauhati High Court asks encroachers to vacate Gauhati University land by March 31, 2023

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice RM Chhaya and Justice Soumitra Saikia has asked eight persons who encroached upon 1.5 bighas of land belonging to Gauhati University (Daag No 44 of village Uttar Jalukbari under Jalukbari Mouza) to vacate the land by May 31, 2023. The High Court granted time to the appellants on the condition that each of the appellants shall individually file an undertaking on oath before this court in the proceedings to the effect that they shall vacate the land in question by March 31, 2023. If the appellants do not file any such undertaking, the respondents will be at liberty to take a course following the law.

Earlier, Gauhati University issued a notice to the eight encroachers of its land in 2000 to vacate the land. The encroachers then moved the Gauhati High Court with a writ petition © (2507/2000) challenging the notification issued by the university and obtained a stay order. The university issued a general notice to the encroachers on December 30, 2014, asking them to vacate the land.

On May 19, 2019, the single-judge bench gave its verdict in favour of the university and asked the encroachers to vacate the land in question.

The eight encroachers then moved a division bench of the high court seeking justice. Upon hearing both sides, the division bench said, "We have gone through the record of the appeal and also considered the observations and conclusions made by the learned single judge. Merely because it is averred that the appellants 'are in possession of' the land in question for 25 years, the same does not create any right, title or interest in the land as far as the appellants are concerned. The learned single-judge has correctly concluded that the appellants are encroachers. Even Mr A Upadhyay learned counsel for the appellants has not been able to remotely show that the appellants 'are in possession of' the land in question under some order, right or title.

"Under these circumstances, we are in total agreement with the observations made by the learned single-judge bench and no interference is called for. However, considering the fact situation that the appellants are in possession of the land and even the proceedings are pending since 2019 by way of the present appeal, we grant time to the appellants to vacate the land in question till 31.05.2023, on condition that each of the appellants shall individually file an undertaking on oath before this Court in this proceeding to the effect that they shall vacate the land in question latest by 31.05.2023. Such undertaking shall be filed on or before 15.12.2022. If no such undertaking is filed, the respondents are at liberty to take the course in accordance with the law."

With this observation, the bench disposed of the appeal.

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