Govt asks sattra to move court

It needs mention here that the Assam Board of Revenue, in Case No- 22RA (B)/2004, had on July 18, 2005 set aside an order passed by the Sub-divisional Officer, Barpeta on January 9, .2004 (TR Case No- 80/ 2003-04) in connection with a plot of land measuring 17 bighas, 2 kathas and 6 lessasbelonging to the Pidala Sattra.

The SDO (Sadar) Barpeta asked the occupants of the plot to deposit rent under section 24 of The Assam (Temporarily Settled Areas) Tenancy Act, 1971 for permanent ownership. The Pidala Sattra land in the No-1 Nisf Khiraj Patta of Village Ganakpara is 101 bighas and 9 lessas. The entire plot is under encroachment and the Barpeta district administration had granted tenancy khatiyan on 89 bighas of this plot.

The Board of Revenue in its July 18, 2005 judgement observed that Nisf Khiraj Patta or half revenue estates concerning the above plots of land originated fromthe land given by the Ahom kings, which later came to be known as Dharmottar, Debottar and Brahmottar land.

Therefore, the Board said in its judgement, it cannot be disputed that the land is not sattra land. The Board referred to the proviso to Section 15 A of the Assam State Acquisition of Lands belonging to Religious or Charitable Institutions of Public Nature Act, 1959, as amended, in this connection.

The Section referred to here of the above Act has stated that notwithstanding anything contained in the Assam Land and Revenue Regulation 1886, the right of transfer of land belonging to the above mentioned institutions for a rayot shall extend only to a person belonging to same religion in which the ownership of land was vested, said the Board of Revenue.

It observed that the so-called tenants who were granted ownership right by the SDO (Sadar), Barpeta, belonged to another religion. “Therefore, granting of ownership right of Sattra land to a personsbelonging to a religion other than that of the person to whom the Satra belongs is not permissible. Therefore, the impugned order passed by the SDO (Sadar), Barpeta is not valid and the same is liable to be set aside…,” said the Board in its July 18, 2005 judgement.

Appellant Dwipendra Nath Goswami then moved the district administration of Barpeta with the request to free the Pidala Sattra land from encroachment and to hand it over to the sattra.

The district administration then wrote to the Principal Secretary, Revenue and Disaster Management, seeking necessary instructions. The Revenue Department then directed the district administration to request the appellant (Dwipendra Nath Goswami) “to take recourse to the civil court for necessary relief as per provision of theAssam Temporarily Settled Areas Tenancy Act, 1971.”

The district administration has in its turn, asked Goswami to move the court in this respect.

Reacting to this development, Chairman of the Indian Art History Congress Prof RD Choudhury has reminded that both the Chief Minister and Revenue Minister of the State had recently made statements before the media that encroachment on sattra land would be removed.

“People of the State are eagerly waiting for the above announcements to come true. Sattra land is meant exclusively for religious purposes and there cannot be any consideration other than maintenance of the sattras with the income of such land. Such land should be entirely left to the sattras, asserted Prof Choudhury.