Gauhati High Court Closes PIL Against Allegedly Illegal Land Possession Certificates For Reserve Forest, Says Govt Enquiry Found No Illegality
The Gauhati High Court at Itanagar on Monday (April 28) disposed of a PIL regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division by observing that the Government has already set up an enquiry and as per the enquiry report, no illegality has been committed in issuance of the...
The Gauhati High Court at Itanagar on Monday (April 28) disposed of a PIL regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division by observing that the Government has already set up an enquiry and as per the enquiry report, no illegality has been committed in issuance of the said Certificates.
The division bench comprising the Chief Justice Vijay Bishnoi and Justice Kardak Ete observed:
“……..we are of the view that in view of the fact that the respondents have already set up an enquiry regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division and as per the enquiry report, no illegality has been committed in issuance of the said Land Possession Certificates/No Objection Certificates, but till date, no counter to the enquiry report is filed on behalf of the petitioner, we are not inclined to keep this PIL petition pending, the same is therefore, disposed of.”
The Court was hearing the said PIL filed by the petitioner praying for direction to the respondent authorities to cancel the Land Possession Certificate, No Objection Certificate and Land availability Certificate issued in favour of various individuals and restraining the respondents not to issue such certificates within the Namsai Forest area. It was further prayed that construction activities within the Namsai Forest area till the disposal of the present PIL be stayed.
During an earlier hearing the Court was informed that an enquiry was conducted regarding the validity of the Land Possession Certificates issued to various persons and during that enquiry, it was found that no illegality has been committed in issuance of the Land Possession Certificates and the No Objection Certificates in the reserve forest area of Namsai and everything has been done in accordance with law.
In December, 2024, the Counsel appearing for petitioner moved an application for withdrawal of the PIL petition seeking liberty for the petitioner to file a fresh proceeding assailing the inquiry report. However, the prayer for withdrawal of the writ petition was not granted by the Court, and the Court observed that the petitioner would be at liberty to bring on record the pleadings in the PIL itself if it has any objection regarding the enquiry report by way of filing an additional affidavit.
During the hearing on April 28, none appeared on behalf of the petitioner.
Thus, the Court disposed of the PIL by noting that as per the enquiry report, no illegality has been committed in issuance of the said Land Possession Certificates/No Objection Certificates, and till date, no counter to the enquiry report is filed on behalf of the petitioner.
Case Title: AATRPRAC v. The Union of India & 7 Ors.
Case No.: PIL/13/2023