The Gauhati High Court has delivered a significant ruling, asserting that prolonged occupation or mere possession of government land does not, by itself, create an entitlement for its settlement under the provisions of the Assam Land Policy, 2019. This clarification holds crucial implications for individuals residing on public land across the state.
Justice Devashis Baruah, presiding over the matter, underscored this point, specifically referencing Clause 14.3 of the Assam Land Policy, 2019. This clause explicitly states that an occupier of government land has no inherent right to demand settlement solely based on their occupation.
The court's observation was made while dismissing a writ petition filed by one Sudhir Paul. Paul had challenged the settlement of government land in favour of a private respondent and sought the same parcel of land for himself. He contended that he had been residing on the land after constructing a dwelling house and had initially applied for settlement under Mission Basundhara 1.0, which was subsequently rejected.
Paul further stated that he submitted a fresh application under Mission Basundhara 3.0. However, while this application was still pending, the authorities proceeded to settle the land in question in favour of the private respondent and completed the mutation process. After his representation against this allotment went unaddressed, Paul approached the High Court, seeking intervention and a reversal of the decision.
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