Settlement of Land by Govt.
A person was in occupation of a piece of land and living with his family and cultivating since 1969. The land belong to one Tea company and had an abandoned house, which was later occupied by this person. The land was acquired by Govt. of Assam along with several other land of the tea company as ceiling surplus in 1976 and published in the Gazette under ceiling land holding Act of 1956. In 1979 through an order District collector excluded this piece of land of the person from records and shown as Tea Garden not as Govt. land without the knowledge of the person in occupation. This person was an employee of the Tea Garden. When the garden authority in 1980 forcibly wanted to take possession after changing the records by collector in 1979, this person objected. The Garden suspended him and finally dismissed him in 1983 without paying money. This person approached Govt. and Govt. said that the correction made by Collector is illegal as the earlier acquisition was final and published in Gazette. The company was given time. and to appeal before publication in 1976. Govt. instructed the collector to settle the land measuring 2 Bigha to this person as was a cultivating tenant and also landless. He paid the premium for the land as decided by Govt and deposited in treasury in 1990. Meanwhile, there was another case going on in labour court for payment of dues. The court order payment of Rs.45000/- as his dues. Aggrieved the person moved the high court against the labour court. Because of financial problem he could not defend him properly and as the land was in company's name because of the correction made in 1979 (although said illegal), the record was not corrected and this person did not had any documents to prove at that time that the land belongs to govt. So, the order of the High court said that company will pay 45000 and after receiving he will vacate the house. After that order, he could collect documents and govt. accepted the land is Govt. and instructed him to pay the premium, which he paid in 1990. Now, the tea garden said that he has accepted money of PF saying that he will vacate the house. Based on this judgement after payment of premium in 1990 still he is not getting settlement. The collector says we can not go against High court order.
Now, when the High court order was passed, the land was illegally made garden, so they could convince High court. But the person knew that this was Govt. so he fought. Now will this be a case of contempt? High Court ordered based on the record presented at that time. As Govt. is the authority for land, can they not correct it and settle this piece of land to the person who is now old and sick. Can somebody guide please? The land is surrounded by public land and garden is away from this plot.