Gauhati High Court Upholds Land Allotment Rights, Confirms Injunction in Land Dispute

Court Affirms Government Land Allotment Pass-Book Confers Absolute Title and Possession Rights Until Revoked

In a significant ruling, the Gauhati High Court has upheld the decision of the District Judge, Yupia, affirming that a Government Land Pass-Book confers absolute title and possession rights to the allottee until it is revoked by competent authorities. The case involved a contentious land dispute between Dabin Soki @ Tabin Soki (appellant) and Smti Yama Yekar (respondent) over a plot of Government allotted land in Prem Nagar, Naharlagun.

The appellant challenged the first appellate court's decision, arguing that an injunction suit without a declaration of possession or title is not maintainable, citing the case of Anathula Sudhakar v. P. Buchi Reddy. However, the High Court, presided by Mr. Anjan Moni Kalita, J., found that the respondent was in possession of the land, having been granted a valid Government Land Pass-Book, thus negating the need for a declaration of title.

The court concluded that the allotment of Government land by issuing a Pass-Book is not merely for fiscal purposes but establishes substantive rights over the land, as per the Arunachal Pradesh Land Settlement and Records Act, 2000, and the Arunachal Pradesh Land Records and Settlement Rules, 2012. The court emphasized that such allotments confer absolute title, which persists until any revocation by the Government.

The judgment further highlighted that deficiencies in pleadings do not render a suit non-maintainable if parties are aware of the issues during the trial and lead evidence on them. The court dismissed the appellant's claims of forgery and misrepresentation, affirming the respondent's lawful possession and title to the land based on documentary evidence and witness testimonies.

The decision reinforces the legal standing of Government land allotments and the validity of Land Pass-Books as instruments of title, setting a precedent for similar disputes in the region.

Bottom Line:

Government land allotment and issuance of a Land Pass-Book confers absolute title and possession rights to the allottee until canceled by the competent authority of the Government following due process of law.

Statutory provision(s): Civil Procedure Code, 1908; Arunachal Pradesh Land Settlement and Records Act, 2000; Arunachal Pradesh Land Records and Settlement Rules, 2012.

Dabin Soki @ Tabin Soki v. Smti Yama Yekar, (Gauhati) : Law Finder Doc Id # 2807914