LEGAL HEIRS OF RAMANI HAZARIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. Buragohain, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Ms. A. Gayan, the learned CGC appears on behalf of the respondent Nos.1 to 5; Ms. N. Bordoloi, the learned counsel appears on behalf of the Revenue Department and Mr. N. Das, the learned counsel appears on behalf of the District Administration, Sivasagar.

(2.) The petitioners in WP(C) No.7322/2015 have assailed the notice dtd. 10/11/2015 issued by the Authorized Signatory of the Archaeological Survey of India as well as for consequential reliefs. The petitioner in WP(C) No.7235/2015 has assailed the notice dtd. 10/11/2015 issued by the Authorized Signatory of the Archaeological Survey of India as well as for consequential reliefs. By the notices dtd. 10/11/2015, impugned in both the writ petitions, the Authorized Signatory had directed the petitioners in both the writ petitions to remove the unauthorized building/construction within seven days of the receipt of the notice, failing which the Central Government shall in exercise of its powers under Rule 38(2) of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 (for short, 'the Rules of 1959') cause the unauthorized building construction to be removed at his/her/their costs and expenses through the District Administration.

(3.) The predecessor-in-interest of the substituted petitioners herein was the occupier of a plot of land admeasuring 1 bigha 2 kathas 10 lechas under Dag No.123 (Part) since 1933 with dwelling houses thereon in Phukan Phodia Village, Gaurisagar under Mora Bazar Mouza of Sivasagar District. During the lifetime of the father of the original petitioner, he applied for settlement of the land under his possession from the State Government. Recommendations were made by the Competent Authorities for settlement of a plot of land admeasuring 1 bigha 2 kathas 10 lechas of land under Dag No. 123 (Part) in favour of the original petitioner's father. However, the Government of Assam settled only 2 kathas 10 lechas of land under Dag No.123 (Part) vide an order dtd. 11/9/1979. However, the said settlement so made in favour of the original petitioner's father was revoked vide an order dtd. 27/10/1979. This revocation of the settlement so made in favour of the original petitioner's father was put to challenge by filing a writ petition by the original petitioner's father along with one Betharam Bairagi, who is the father of the petitioner in WP(C) No. 7235/2015.The said writ petition was registered and numbered as Civil Rule No. 939/1983. The reason for cancelling the settlement vide order dtd. 27/10/1979 in the case of the original petitioner's father was that the land was within the prohibited area.