As per case facts, petitioners, owners of land in Cachar District, were displaced as their lands fell outside the Indo-Bangladesh border fencing constructed in 2006. This led to restrictions on ...
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GAHC010170652018
2026:GAU-AS:950
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5297/2018
GOPENDRA NAMASUDRA AND 103 ORS.
S/O. LATE DAYAL NOMOSUDRA, R/O. VILLAGE MAHADEVPUR PART-III,
P.O. JALALPUR, P.S. KATIGORAH, DIST. CACHAR, ASSAM- 788816.
2: SMT. ANANDI NAMASUDRA
W/O. NORENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
3: ON THE DEATH OF DEGENDRA NAMASUDRA
HIS LEGAL HEIR- SMT. SUTERA NAMASHUDRA
W/O LATE DEGENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
4: SWAPNA NAMASUDRA
D/O. SRI DIGENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
5: SANTOSH NAMASUDRA
S/O. LATE KANTI NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
Page No.# 2/29
DIST. CACHAR
ASSAM- 788816.
6: SMT. SITU NAMASUDRA
W/O. SRI NIPENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
7: SMT. MUKTA NAMASUDRA
D/O. SRI NIPENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
8: PARINDRA NAMASUDRA
S/O. LATE RAM NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
9: SMT. PRANATI NAMASUDRA @ PUNATI NAMASUDRA
W/O. SHRI SUKUMAR NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
10: KHIROD NAMASUDRA
S/O. LATE RAM NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
11: DILI MOHAN NAMASUDRA
S/O. LATE BARINDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
Page No.# 3/29
DIST. CACHAR
ASSAM- 788816.
12: LALU NAMASUDRA
S/O. SHRI DWARIKA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
13: BHIRENDRA NAMASUDRA
S/O. SHRI DARIKA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
14: SMT. SHYAMALA NAMASUDRA
W/O. LATE ALOK NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
15: SANAT NAMASUDRA
S/O. LATE ALOK NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
16: SMT. SUBI RANI ROY
W/O. SHRI MODHU ROY
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
17: RANJIT NAMASUDRA
S/O. LATE ANIL ROY
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
Page No.# 4/29
DIST. CACHAR
ASSAM- 788816.
18: RONTU ROY
S/O LATE ANIL ROY
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
19: SMT. MISHILA ROY
S/O. LATE ANIL ROY
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
20: MONORANHAN DAS
S/O. LATE LOKMONI DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
21: CHITTA RANJAN DAS
S/O. LATE LOKMONI DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
22: BIDHU RANJAN DAS
S/O. LATE LOKMONI DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
23: ASHU RANJAN DAS
S/O. LATE LOKMONI DAS
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R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
24: SMT. AMALA DAS
W/O. LATE ANANDA DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
25: TARANI DAS
S/O. LATE ARADHAN DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
26: NIRANJAN DAS
S/O. LATE TARANI DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
27.1: ON THE DEATH OF BHUPENDRA NAMASUDRA
HIS LEGAL HEIR- SMT. BINA NAMASHUDRA
W/O LATE BHUPENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
27.2: ON THE DEATH OF BHUPENDRA NAMASUDRA
HIS LEGAL HEIR- . MUKTA NAMASHUDRA
VILLAGE- MAHADEVPUR PART- III
P.O- JALALPUR
P.S. KATIGORAH
DISTRICT CACHAR
ASSAM-788816.
28: NRIPENDRA NOMOSUDRA
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S/O. LATE BHUPENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
29: SUDHANYA NAMASUDRA
S/O. LATE DINESH NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
30: SUSHIL NAMASUDRA
S/O. SRI KIRESH NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
31: KIRESH NAMASUDRA
S/O. SHRI GOPIRAM NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
32: RAKESH NAMASUDRA
S/O. SHRI GOPIRAM NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
33: NIKHIL NAMASUDRA
S/O. SHRI KIRESH NAMOSUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
34: SMT. NIBASHI NAMASUDRA
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W/O. LATE DEBENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
35: SMT. MAYA NAMASUDRA
W/O. LATE SHANTILAL NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
36: NIREN NAMASUDRA
S/O. SHRI RISHINDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
37: SMT. SABITA NAMASUDRA
W/O. LATE RABENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
38: UPENDRA DAS
S/O. LATE DEEP RAM DAS
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
39: PADMALAL NAMASUDRA
S/O. LATE BHARAT RAM NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
40: SADHAN NAMASUDRA
Page No.# 8/29
S/O. SHRI LOBENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
41: LILMONI NAMASUDRA
S/O. SHRI LOBENDRA NAMASUDRA
R/O. VILLAGE MAHADEVPUR PART-III
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
42: RAKESH CHANDRA DAS
S/O. LATE NADIYA RAM DAS
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
43: RAJESH DAS
S/O. LATE RINKU DAS
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
44: MAYUB ALI
S/O. LATE AKLU MIA
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
45: SUNIL CHANDRA DAS
S/O. LATE DHARIKA RAM DAS
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
46: ABDUL KHALIQUE
Page No.# 9/29
S/O. LATE ISUB ALI
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
47: SMT. KOIRUN NESSA BIBI
W/O. LT. JAHIR ALI
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
48: TAMIZ UDDIN
S/O. LATE AFAZ ALI
R/O. VILLAGE PIRNAGAR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
49.1: ON THE DEATH OF KHAIRUL ISLAM
HIS LEGAL HEIR- ALIYA BEGUM LASKAR
W/O LATE KHAIRUL ISLAM
R/O. VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
49.2: ON THE DEATH OF KHAIRUL ISLAM
HIS LEGAL HEIR-AZHAR UDDIN LASKAR
S/O LATE KHAIRUL ISLAM
VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
49.3: ON THE DEATH OF KHAIRUL ISLAM
HIS LEGAL HEIR- ALHAJ UDDIN LASKAR
S/O LATE KHAIRUL ISLAM
VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
Page No.# 10/29
ASSAM- 788816
49.4: ON THE DEATH OF KHAIRUL ISLAM
HIS LEGAL HEIR-MINHAJ UDDIN LASKAR
S/O LATE KHAIRUL ISLAM
VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
50: ABU SUFIYAN BARBHUIYA @ ABDUL SUFAN BARBHUIYA
S/O. LATE ABDUL KADIR BARBHUIYA
R/O. VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
51: AINUL HAQUE
S/O. LATE MASAB ALI
R/O. VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
52: ALTAF HUSSAIN
S/O. LATE SURMAN ALI
R/O. VILLAGE NIZ JALALPUR-I
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
53: HILAL UDDIN
S/O. LATE AKALU MIA
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
54: JOYNUL UDDIN
S/O. SHRI HILAL UDDIN
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
Page No.# 11/29
DIST. CACHAR
ASSAM- 788816
55: FARUK UDDIN
S/O. SHRI HILAL UDDIN
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
56.1: ON THE DEATH OF ABDUL RAJAK BARBHUIYA
HIS LEGAL HEIR-SAHARA BEGUM LASKAR
W/O LATE ABDUL RAJAK BARBHUIYA
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
56.2: ON THE DEATH OF ABDUL RAJAK BARBHUIYA
HIS LEGAL HEIR- IKBAL HUSSAIN BARBHUIYA
S/O LATE ABDUL RAJAK BARBHUIYA
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
57: AYAJ UDDIN
S/O. LATE MAIR ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
58: SALIM UDDIN
S/O. LATE MASTAKIN ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
59: ABDUL GAFUR BARBHUIYA
S/O. LATE MUFOSIL ALI
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R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
60: ABDUL MUKTADIR
S/O. LATE SAMSUDDIN
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
61: ABDUL KAYUM
S/O. LATE MAHIBUR RAHMAN
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
62: ABDUL RAHIM
S/O. LATE ASAB ALI @ KONTOR MIA
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
63: OJI UDDIN
S/O. LATE SAFIKUR RAHMAN
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
64: NAZRUL ISLAM
S/O. LATE ATOR ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
65: SMT. SAMURUN NESSA
W/O. SHRI ABDUR RAHMAN
Page No.# 13/29
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
66: RIAJUL HAQUE
S/O. LATE MUMTAJ ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
67.1: ON THE DEATH OF MOSTAKIN ALI
HIS LEGAL HEIR- FATIMA BIBI
W/O LATE MOSTAKIN ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
67.2: ON THE DEATH OF MOSTAKIN ALI
HIS LEGAL HEIR- AFJAL HUSSAIN
S/O LATE MOSTAKIN ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
67.3: ON THE DEATH OF MOSTAKIN ALI
HIS LEGAL HEIR- MD. JABIR HUSSAIN
S/O LATE MOSTAKIN ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
68: ON THE DEATH OF NURU MIA
HIS LEGAL HEIR- ABID UDDIN
S/O LATE NURU MIA
R/O. VILLAGE NIZ JALALPUR-II
Page No.# 14/29
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
69: ON THE DEATH OF MOSTAKIN ALI
HIS LEGAL HEIR- AHMED ALI
S/O LATE MOSTAKIN ALI
R/O. VILLAGE NIZ JALALPUR-II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
70: KULENDRA CHANDRA DAS
S/O LATE KUTAIRAM DAS @ CHOTAIRAM DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
71: KANU RAM DAS
S/O. SHRI RABINDRA CHANDRA DAS
R/O VILLAGE RONGPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
72: DIRENDRA CHANDRA DAS
S/O. SHRI KIRESH CHANDRA DAS
R/O VILLAGE RONGPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
73: ON THE DEATH OF ABDUL KHALIQUE
HIS LEGAL HEIR- AHAD UDDIN
S/O LATE ABDUL KHALIQUE
R/O VILLAGE RONGPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
Page No.# 15/29
74: MOIN UDDIN
S/O LATE AYUB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
75: RIAJ UDDIN
S/O. LATE AYUB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
76: SAHAJHAN UDDIN
S/O. LATE TAJAMUL ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
77: ILAS ALI
S/O LATE AYUB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
78: NAZRUL ISLAM
S/O SRI ILAS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
79: BASIR UDDIN
S/O LATE AYUB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
Page No.# 16/29
80: SMT. KARIMUN NESSA
W/O. LATE KALAMIA
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
81: NAMOR ALI
S/O LATE JAMSED ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
82: MAKMAD ALI
S/O LATE JOBED ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
83: SMT. HARISUN NESSA
W/O LATE SAYAB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
84: HASAN ALI
S/O LATE JAMSED ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
85: KUTI MIYA
S/O LATE MONOHAR ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
Page No.# 17/29
86: SMT. ANOYARA BEGUM
W/O LATE FARMUJ ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
87: KABIR UDDIN
S/O LATE YARIS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
88: DILIP DAS
S/O LATE DIP CHARAN DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
89: NIRMAL DAS
S/O LATE NARENDRA DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
90: SHARMA ROY
S/O. SHRI RABINDRA ROY
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
91: CHITTA RANJAN DAS
S/O LATE KAMINI KUMAR DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
Page No.# 18/29
92: KRISHNA RAM ROY
S/O LATE DEBENDRA ROY
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
93: BAPAN DAS
S/O LATE BIPUL DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
94: KANCHAN DAS
S/O LATE KIRESH DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
95: MONORANJAN DAS
S/O LATE NARENDRA DAS
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
96: EBADUR RAHMAN
S/O LATE IDRIS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
97: JAMIR UDDIN
S/O. SHRI YARIS ALI @ WAROIS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
Page No.# 19/29
98: ATAUR RAHMAN
S/O LATE IDRIS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
99: SAMSUDDIN
S/O LATE HABIB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
100: SAWAB UDDIN
S/O LATE HABIB ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
101: AKLAS UDDIN
S/O LATE YARIS ALI @ WAROIS ALI
R/O. VILLAGE NATANPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816.
102: SAMSUL HAQUE
S/O LATE MAQBUL ALI
R/O. VILLAGE NIZ JALALPUR PART II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
103: SMT. SOFIA BEGUM
W/O LATE BURHAN UDDIN
R/O. VILLAGE NIZ JALALPUR PART II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 788816
Page No.# 20/29
104: ANISUL HAQUE
S/O LATE FAIZUR RAHMAN
R/O. VILLAGE NIZ JALALPUR PART II
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM- 78881
VERSUS
THE UNION OF INDIA AND 12 ORS.
REP. BY THE HOME SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110011
2:THE SECRETARY (BORDER MANAGEMENT)
DEPTT. OF BORDER MANAGEMENT
MINISTRY OF HOME AFFAIRS
GOVT. OF INDIA
NORTH BLOCK
NEW DELHI- 110011.
3:THE SECRETARY (POLICE DIVISION-II)
MINISTRY OF HOME AFFAIRS
GOVT. OF INDIA
NORTH BLOCK
NEW DELHI- 110011.
4:TGE STATE OF ASSAM
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPTT.
JANATA BHAWAN
DISPUR
GUWAHATI- 781006.
5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPTT.
JANATA BHAWAN
DISPUR
GUWAHATI- 781006.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
JANATA BHAWAN
DISPUR
GUWAHATI- 781006.
Page No.# 21/29
7:THE DIRECTOR GENERAL
BORDER SECURITY FORCE
HEAD QUARTER DG BSF
NORTH BLOCK 10
CGO COMPLEX
LODHI ROAD
NEW DELHI- 110003.
8:THE INSPECTOR GENERAL
BORDER SECURITY FORCE
FRONTIER HEAD QUARTER
MIZORAM AND CACHAR FRONTIER
MASIMPUR
SILCHAR
DIST. CACHAR
ASSAM- 788025.
9:THE DEPUTY COMMISSIONER
CACHAR DISTRICT
SILCHAR
DISTRICT CACHAR
ASSAM
PIN- 788006.
10:THE SUPERINTENDENT OF POLICE
CACHAR DISTRICT
SILCHAR
DIST. CACHAR
ASSAM
PIN 788006.
11:THE CIRCLE OFFICER
KATIGORAH REVENUE CIRCLE
KATIGORAH
DIST. CACHAR
ASSAM
PIN 788805.
12:THE 150 NO. JALALPUR GAON PANCHAYAT
REP. BY ITS SECRETARY
VILLAGE- NISCHENTAPUR
P.O. JALALPUR
P.S. KATIGORAH
Page No.# 22/29
DIST. CACHAR
ASSAM
ASSAM- 788816.
13:THE 152 NO. MAHADEVPUR GAON PANCHAYAT
REP. BY ITS SECRETARY
VILLAGE MAHADEVPUR
P.O. JALALPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
ASSAM- 788816
Advocate for the Petitioner : MR. P D NAIR, MR G ALAM,MR. H ROHMAN,MS J
KHANOM,MR. D NAG
Advocate for the Respondent : ASSTT.S.G.I. (MR. S.C. KEYAL), GA, ASSAM,SC, REVENUE
:::BEFORE:::
HON’BLE MR. JUSTICE KARDAK ETE
Date on which judgment is reserved : N/A
Date of pronouncement of judgment : 28.01.2026
Whether the pronouncement is of
the operative of the judgment? : No
Whether the full judgment has been
pronounced? : Yes
Page No.# 23/29
JUDGEMENT(Oral)
Heard Mr. G. Alam, learned counsel for the petitioners. Also heard Mr. B. J.
Talukdar, learned Senior Counsel for the State respondent Nos. 6, 9, 10 & 11;
Mr. R. K. D. Choudhury, learned DSGI for the respondent Nos. 1, 2, 3, 7 & 8;
and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department, for
respondent Nos. 4 & 5.
2. By filing this writ petition, the petitioners have prayed for a direction to the
respondent authorities to complete the process of rehabilitation and
resettlement as initiated vide the Provisional Allotment Certificate of Ceiling
Surplus Land and Handing Over of Possession dated 23.02.2016 in any other
appropriate area under Katigorah Revenue Circle, as the petitioners have been
rendered homeless due to the construction of Indo-Bangladesh International
Border Fencing. The petitioners have also sought for a direction to acquire their
land which has been utilized for erection of Indo-Bangladesh Border Fence in
terms of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
3. Briefly put, the petitioners claim to be the owners of plots of land situated
at Jalalpur and Mahadevpur Gaon Panchayat in the District of Cachar, Assam,
which they inherited from their respective ancestors as well as by way of
purchase from their erstwhile landowners. The petitioners were utilizing the said
land either for residential or for cultivation and fishing purposes.
4. In terms of the decision of the Government of India to secure the
Page No.# 24/29
international border, including the Indo-Bangladesh border, against infiltration
etc., the authorities have constructed the road along and around the
international border. Thereafter, in order to guard the Indo-Bangladesh Border,
the Government of India had further decided to erect border fencing, which was
accordingly constructed in the year 2006 along the Indo-Bangladesh border,
including the stretches passing through Jalalpur and Mahadevpur Gaon
Panchayat areas in the district of Cachar. As a consequence of the erection of
the said fencing, the lands of the petitioners have fallen outside the border
fencing.
5. It is the contention of the petitioners that ingress and egress to and from
their lands have been restricted by the BSF and they are unable to avail
themselves of welfare programmes and government schemes as their lands now
fall outside the Indo-Bangladesh border fencing. It is contended that due to
their lands being pushed outside the border fencing, the petitioners have been
deprived from completely utilizing and enjoying their properties which is a clear
deprivation of life and property without authority of law, inasmuch as no
acquisition proceedings have been initiated.
6. Having realized that the land of the petitioners had fallen outside the Indo-
Bangladesh international border fencing, the respondent authorities of the State
of Assam issued a Provisional Allotment Certificate of Ceiling Surplus Land and
Handing Over of Possession vide order dated 23.02.2016 for rehabilitation of
174 affected families, including the petitioners herein, who are residing outside
the Indo-Bangladesh border fencing in different border line mouzas. The
respondent authorities have proposed allotment of Ceiling Surplus Land under
Page No.# 25/29
Mouza and Talkor Grant, Pargonah-Gumrah under Katigorah Revenue Circle in
favour of the petitioners and formally recommended allotment of an area of 10
Kathas to each affected family by issuing separate orders. The physical
possession of the allotted land was also handed over to the petitioners
separately. The said allotment was made for homestead purposes and not to be
transferred to any other persons.
7. When the petitioners were taken to the said designated areas for
rehabilitation and resettlement, due to serious objection/ opposition from the
local people residing in those areas where the petitioners were proposed to be
settled, the process could not be materialized. Consequently, the petitioners
have been living in uncertainty since then without any permanent settlement
and have been compelled to reside with their relatives in different places.
8. Mr. G. Alam, learned counsel for the petitioners, submits that although the
grievance of the petitioners includes acquisition of the land in terms of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, at this stage, since the respondent authorities have
already taken a decision to rehabilitate and resettle the affected families,
whereby initially 7 (seven) families are stated to have been rehabilitated and
resettled and the process of rehabilitation and resettlement of the rest of the
167 families is underway, the petitioners would be satisfied if they are also
rehabilitated and resettled as has been done to the 7 (seven) families.
9. The State respondents, particularly the District Commissioner, Cachar
District, respondent No. 9 herein, have filed an affidavit clearly stating that the
Page No.# 26/29
allotment made in favour of 174 families in the year 2016 has not been
cancelled. However, the physical possession of the alloted land could not be
handed over to the petitioners due to serious resistance from the local people
and consequently, a proposal for rehabilitation of 7 (seven) families out of total
174 families have been submitted to the Director, Border Protection and
Development, and the efforts are being made to identify suitable land for
rehabilitation of the remaining 167 families. It also reflected that out of the
present 104 petitioners, petitioner Nos. 42 & 43 have been included in the
rehabilitation proposal of 7 (seven) families. The affidavit also reflected that the
rehabilitation and resettlement of the petitioners is stated to be already under
process. However, the prayer for acquisition of the land cannot be entertained
as the department has not made any such requisition for acquisition of land
outside the Indo-Bangladesh international border fencing.
10. Mr. B. J. Talukdar, learned Senior Counsel for the State respondents, by
placing the communication dated 09.12.2025 from the District Commissioner,
Cachar, submits that although the affidavit filed by the District Commissioner
states that a proposal for rehabilitation of 7 (seven) families has already been
sent to the competent authority and the remaining 167 families were under
process for rehabilitation and resettlement, at present, there is neither any
ongoing rehabilitation work nor any proposals in respect of the remaining 167
families, who have already been shifted to different locations within the Indian
border in terms of the report of the Assistant Settlement Officer, Katigorah
Revenue Circle. However, he fairly submits that if the petitioners have not been
rehabilitated and resettled, they may approach the District Commissioner with
valid documents so that the cases of the 167 families could be considered, as
Page No.# 27/29
the State authorities have already decided to provide rehabilitation and
resettlement to all the affected families.
11. Mr. G. Alam, learned counsel for the petitioners, rejoining his submission,
submits that the petitioners are still approaching the authorities by running from
pillar to post since 2016 and in the absence of rehabilitation and resettlement,
they have been compelled to reside with their relatives with the hope that the
respondent authorities would rehabilitate and resettle them in terms of the
Provisional Allotment Certificate issued in the year 2016.
12. I have considered the submissions of learned counsel for the parties and
also perused the materials available on record.
13. Admittedly, the petitioners have been displaced from their land due to the
construction of Indo-Bangladesh international border fencing. The respondent
authorities, having been considered that the total of 174 families have been
affected by such displacement, have provisionally allotted an area measuring 10
Kathas each to all 174 families, including the petitioners herein, for the purpose
of rehabilitation. The provisional allotments were proposed under the Katigorah
Revenue Circle, comprising Ceiling Surplus Land under Mouza and Talkor Grant,
Pargonah-Gumrah. However, due to resistance/objections from the local
residents, the process of rehabilitation and resettlement of the 174 families,
including the petitioners, could not be completed in the proposed areas.
14. It transpires that a proposal for rehabilitation of 7 (seven) families out of
the total 174 families have already been placed before the competent authority
Page No.# 28/29
way back in the year 2023 and the remaining 167 families are being under the
process for the same rehabilitation. However, from the instructions received, it is
seen that no proposal is said to have been initiated so far as remaining 167
families are concerned, which includes some of the petitioners.
15. Records reveals that the Director, Border Protection and Development,
Government of Assam, has written a letter addressed to the District
Commissioner of 3 (three) districts, including Cachar, seeking detailed status
report regarding shifting of villages located ahead of the Indo-Bangladesh
border fencing to the mainland. The concerned District Commissioner appears
to have submitted the requisite reports. However, no consequential action
appears to have been taken thereafter, which has resulted in serious hardship to
the affected families who were displaced due to the erection of the Indo-
Bangladesh border fencing.
16. Having considered that the respondent authorities have failed to take
appropriate action despite the displacement of the petitioners for more than a
decade due to the erection of the Indo-Bangladesh border fencing and
considering that the petitioners cannot be made to continue to suffer, resulting
in violation of their livelihood and property, I deem it appropriate to direct the
respondent authorities to take necessary steps for rehabilitation and
resettlement of all 174 families who have been displaced due to erection of
Indo-Bangladesh border fencing including, the petitioners.
17. Accordingly, the respondent authorities in the State of Assam, particularly
District Commissioner, Cachar, and Director of Border Protection and
Page No.# 29/29
Development, are directed to take up the matter and undertake necessary steps
for rehabilitation and resettlement of all 174 families, including the petitioners,
who have been displaced due to erection of Indo-Bangladesh border fencing, in
an appropriate locations within the State. The entire exercise shall be completed
within a period of six (6) months from the date of receipt of a certified copy of
this order.
18. Writ petition stands disposed of in terms above.
JUDGE
Comparing Assistant
Legal Notes
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