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HC refuses to interfere in eviction

By Law Reporter
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GUWAHATI, Sept 19 - The Gauhati High Court today refused to interfere in the eviction drive near Kaziranga National Park.

A Division Bench of the High Court comprising Justice Hrishikesh Roy and Justice Paran Kumar Phukan after hearing a writ petition filed by one Md Jalal Uddin and three others from Bandardubi in Nagaon district against the eviction drive, also refused to grant relief sought by the petitioners in this regard.

The petitioners said they were facing eviction from Kaziranga National Park and sought direction for payment of compensation for their dislocation and protection to their stay at Bandardubi until they received the compensation.

The petitioners also referred to the minutes of a meeting of the State Government held on September 5, 2016 wherein it was projected that while �the eviction is the outcome� of the court direction, the disbursal of compensation for the evicted �is not ruled out by the government.�

The court held that in its earlier judgement delivered on 9.10.15, it was clearly declared that since the area falls within the definition of �forest land� and the mandate of the Forest (Conservation) Act, 1980 applied to such category of land, the habitation in Bandardubi earmarked for social forestry project, is illegal and is legally impermissible.

Justice Roy further observed that the Division Bench earlier had also noted that public interest requires clearance of the national park from all the encroachers and accordingly, the concerned petition was dismissed.

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HC refuses to interfere in eviction

GUWAHATI, Sept 19 - The Gauhati High Court today refused to interfere in the eviction drive near Kaziranga National Park.

A Division Bench of the High Court comprising Justice Hrishikesh Roy and Justice Paran Kumar Phukan after hearing a writ petition filed by one Md Jalal Uddin and three others from Bandardubi in Nagaon district against the eviction drive, also refused to grant relief sought by the petitioners in this regard.

The petitioners said they were facing eviction from Kaziranga National Park and sought direction for payment of compensation for their dislocation and protection to their stay at Bandardubi until they received the compensation.

The petitioners also referred to the minutes of a meeting of the State Government held on September 5, 2016 wherein it was projected that while �the eviction is the outcome� of the court direction, the disbursal of compensation for the evicted �is not ruled out by the government.�

The court held that in its earlier judgement delivered on 9.10.15, it was clearly declared that since the area falls within the definition of �forest land� and the mandate of the Forest (Conservation) Act, 1980 applied to such category of land, the habitation in Bandardubi earmarked for social forestry project, is illegal and is legally impermissible.

Justice Roy further observed that the Division Bench earlier had also noted that public interest requires clearance of the national park from all the encroachers and accordingly, the concerned petition was dismissed.

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