MAULAXI MAHMUD ALI AND OTHERS Vs. UNION OF INDIA AND OTHERS
LAWS(GAU)-1994-7-33
HIGH COURT OF GAUHATI
Decided on July 26,1994

Maulaxi Mahmud Ali And Others Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

M. Sharma, J. - (1.)These three Writ petitions have been preferred by the petitioners for a direction to the Respondents to implement the Govt. Policy as per W. T. Message No. RL.A/ 188/89-22 dated 28-11-89 from the Commissioner and Secretary to the Govt, of Assam, Revenue Department to the Deputy Commissioner, Karimganj and also for a direction to the respondents to furnish detail scheme, assessment of cost regarding acquisition of patta land and rehabilitation of the petitioners and their family members in any other suitable places affected due to construction of boarder roads/fencing constructed between Assam Bangladesh border and Zero line i.e. actual line of international border.
(2.)The petitioners in these three petitions claimed to be the permanent residents of Karimganj district in the State of Assam in respective villages which are adjacent to the indo-Bangladesh Border within the territory of India. The petitioners are residing there since the time of their predecessor having permanent structures, agricultural lands valuable trees etc.
(3.)Indo-Bangaldesh border line with permanent boundary pillars at places are situated to the west of the villages of the petitioners and situated deep inside the Indian territory. Karimaganj town is the District Headquarter of the petitioners. The petitioners are required to make frequent visit to Karimaganj town in connection with their employment, education and other important matters. In pursuance of the implementation of the Assam Accord decision have been taken to create bufferzone stated to be "No man's land" in the Indian territory itself situated to the east of the actual line of Indo-Bangaladesh border as it existed to this date and further decision was taken to the effect that the actual bufferzone within the Indian territory stated to be the 'No Man's land' should be atleast 137 metres in wide and after that, towards further east there should be permanent wire fencing and towards further East of it, there should be construction of a border road for effective patrolling by the border security force personnal. Accordingly, after construction of the border road erection of permanent barbed wire fencings by the side of the aforesaid border road has been constructed.


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