Assam: Court orders ignored in Nazira Hospital land encroachment case

A CORRESPONDENT

NAZIRA: Despite the state government’s ongoing efforts to evict illegal encroachments, a peculiar case of land encroachment at the government hospital in Nazira town remains unresolved for over two decades. The Gauhati High Court had dismissed a woman’s plea regarding the encroachment several years ago, but the hospital authorities and administration have failed to resolve the issue.

 Notably, the government-aided hospital, located in the heart of Nazira town, attracts people from the town and surrounding areas for medical treatment. Locals have been demanding its upgrade to a full-fledged health center for a long time. Although there is potential to construct necessary buildings within the hospital premises to provide better healthcare services, the managing committee and the government have mysteriously remained silent, allowing others to encroach on the hospital land.

The general public believes that the weakness and inactivity of the hospital’s managing committee, which was formed without much consideration, has allowed others to encroach on the hospital land.

The health centre was established in 1944 on 4 bighas, 1 katha, and 13 lechas of land covered by Dag No. 571 and Plot Nos. 51 and 52 of Jangul Bari Grant under Nazira mouza. A woman named Parvati Karmakar Rabha claims to be the owner of a plot measuring 3 katha 6 lecha , but in reality, this disputed land is a part of the hospital’s premises.

The land on which the health center stands, measuring 4 bighas, 1 katha, and 13 lechas, originally belonged to the Assam Company. The Assam Company had leased this land to the health center, as mentioned in the sale agreement between Assam Company and ONGC, effective December 30, 1968.

Parvati Karmakar Rabha is the daughter of Sukhadev Karmakar, a fourth-grade employee i.e. chowkidar of the health center. Sukhadev was allowed to stay in the government quarters within the health center premises but he did not vacate it after his retirement in 1997. The hospital’s management committee’s weakness and inaction led to this issue becoming a long-standing dispute.

The controversy began in the year 2000 when hospital authorities attempted to construct a boundary wall around the health centre using funds provided by former Rajya Sabha MP Late Drupad Borgohain.

However, Parvoti Karmakar Rabha intervened, producing land documents (patta) that allegedly showed her ownership of a 3 katha 6 locha plot within the health centre’s premises. This move sparked widespread public protest, with many accusing the Nazira Circle Officer’s office of fraudulently issuing the patta to Parvoti Karmakar.

The health centre’s land, measuring 4 bighas, 1 katha, and 13 lechas, has been a point of contention ever since. Parvoti Karmakar claims ownership of the 3 katha 6 locha plot, while the health centre authorities argue that the disputed land is part of the hospital’s premises. Despite court orders, the encroachment remains unresolved, with the health centre’s managing committee facing criticism for its inaction.

In the late 1990s, Parvati Karmakar filed a petition under the Assam Tenancy Act before the Assistant Deputy Commissioner of Sivasagar (ADC), seeking ownership of the 3 katha 6 lecha land. After receiving a report from the Revenue Circle Officer of Nazira the ADC directed that Parvati be granted periodic patta of the land. However, upon reviewing the order dated January 7, 1999, the ADC later directed on June 27, 2000, that Parvati be granted periodic patta for only 4 lechas of land on humanitarian grounds.

After this, Parvati Karmakar approached the Assam Revenue Board in Guwahati and challenged the ADC’s order dated June 27, 2000. On January 3, 2001, the Revenue Board dismissed Parvati’s appeal and advised her to approach the Civil Court.

The Revenue Court made a significant ruling regarding the land encroachment issue at Nazira Hospital. According to the court’s decision, the Additional Deputy Commissioner (ADC) had no authority to order the issuance of patta (land ownership documents) to Parvati Karmakar Rabha, who had claimed ownership of a 3 katha 6 lecha plot within the hospital premises.

Parvati then took the matter to the Civil Judge (Senior Division) of Sivasagar. On March 30, 2001, Civil Judge GK Dutta dismissed Parvati’s petition, stating that she failed to establish a prima facie case for granting an injunction. Finally, Parvati filed a writ petition in the Gauhati High Court, but on May 20, 2003, Justice PG Agarwal dismissed her writ petition. Despite the court’s clear directives and public demands, the hospital authorities have failed to retrieve the land from Parvati Karmakar till today. It’s regrettable that the hospital authorities didn’t share any information despite our repeated requests.

The lack of commitment from the authorities and the weakness of the managing committee have led to the encroachment of the hospital’s valuable land, which is likely to create significant obstacles for the hospital’s future expansion. The people of Nazira have demanded that this encroachment be evicted as soon as possible in the interest of the hospital’s collective development.

Also Read: CM Himanta Biswa Sarma to Visit Uriamghat Eviction Site on July 25

Also Watch: