Rajib Borpujari

Advocate
Gauhati High Court
Chamber: "Tunga-D ip", House No. 19-A, Near Srimanta pur L.P. School, Bhangagarh,
P .O.-Indra pur, Guwahati-781032 , Assam
email- rajib.borpujari29@ gmail.com
Phone: 0943501 5973(M)

Ref: RB/202 1/ -DOt

To,
"The Wire"
A news portal website
Owned by Foundation for Independent Journalism
Having its Headquarters at First Floor, 13, Shaheed Bhagat Singh Marg,
Gole Market, New Delhi- 110001.
Represented by its Editor SiddarthVaradarajan.

1. Sri Siddarth Varadarajan

Editor, "The Wire"
A news portal website
Owned by Foundation for Independent Journalism
Having its Headquarters at First Floor, 13, Shaheed Bhagat Singh Marg,
Gole Market, New Delhi- 110001.

Alternative Address:
F44-45, Shaheed Bhagat Singh Marg, Gol Market, Bhagat Singh Market,
Opposite Jain Bhavan, Khanna Market, New Delhi - 110001.

Ref: News item published in the website of "The Wire" on 08.12.2021 with the link
https://thewire.in/government/assam-government-land-himanta-
biswa-sarma-rbs-realtors, under heading "How Govt. Land Meant for the
Needy Found Its Way to Firm Linked to Assam CM's Family".

Page 1 of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber: "Tunga -Dip", House No. 19-A, Near Srimantapur L.P. School
, Bhangagarh,
P.O.-Indrapur, Guwahati-781032, Assam
email- [email protected]
Phone: 09435015973 (M)

My Client:

Vasistha Realtors Pvt. Ltd. (formerly known as R.B.S. R~altors

Pvt. Ltd.)
A company incorporated under the Companies Act, 1956,
having its
Registered Office at Dhanuka Complex, M.G. Road, Athgaon,
Fancy Bazar,
Guwahati- 781001, Assam.
Represented by its Director Sri Ranjit Bhattacharyya.

Sub: Legal Notice.

Sir,

Upon instructions and authority of my client Vasistha Realto

rs Pvt. Ltd.
(formerly known as R.B.S. Realtors Pvt. Ltd.), a company incorp
orated under the
Companies Act, 1956, having its Registered Office at Dhanuka Compl
ex, M.G. Road,
Athgaon, Fancy Bazar, Guwahati- 781001, Assam, represented
by its Director Sri
Ranjit Bhattacharyya, I do hereby serve this Legal Notice upon you
on the following
facts and circumstances, with reference to the aforesaid news item
published in the
website of "The Wire" on 08.12.2021 with the link
https://thewire.in/govemmentjassam-govemment-land-himanta-biswa-sarma-rbs-
realtors, under heading "How Govt. Land Meant for the Needy Found Its Way
to
Firm Linked to Assam CM's Family".

1. You have published a news item in the website of "The Wire" on

08.12.2021
with the link https://thewire.in/govemmentjassam-govemment-land
-himan ta-biswa-
sarma-rbs-realtors, under heading "How Govt. Land Meant for the Needy Found
Its
Way to Firm Linked to Assam CM's Family", which, accord
ing to you, is an
investigative report in joint collaboration between "The Wire" and
Guwahati-based
news portal, "The Crosscurrent". In the said news item it has been
stated that the
acquisition of 'ceiling surplus' land by RBS Realtors Private Limited
, raises questions
Page 2 of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber: "Tunga-Dip", House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P.O.-Indrapur, Guwahati-781032, Assam
email- [email protected]
Phone:09435015973(M)

about the State Government's Land Allotment Policy, and occupying around 18
acres of government land intended for landless individuals and institutions,
according to official records, and that, this land was acquired in violation of law
governing its possession, sale and use. It has been also stated that despite 10-year
lock-in, RBS Realtors bought land within months of original allotment, and that,
RBS Realtors Pvt. Ltd., repurchased two plots of government land originally allotted
to welfare institutions in North Guwahati in 2006-07, and that, according to the
rules, government land allotted to institutions/farms etc. cannot be sold to a
private individual or a private company, and to do so would be illegal.

2. In the aforesaid news item dated 08.12.2021, the following questions have
been put to Vasistha Realtors Pvt. Ltd., with regard to purchase of land by the
Company, namely-

1) Has there been any public notification or order or law that has altered
the stipulation that those plots could not be sold to anyone for ten years
and allowed RBS Realtors to bypass the JO-year-ban on purchase of such
land?

2) Was there any public notification or order that allowed RBS Realtors to
bypass the rule as per the 'Govt of Assam Land Policy-1989~ that such
land can never be sold by original allottees, whereas, the same policy
notes that if it is not used for the purpose for which it was allotted, then
it must be returned within three years for such land ? If so, when was
such an order issued and by whom ?

3. My client states that that you have published the aforesaid news item dated
08.12.2021 without proper verification of facts and without having any knowledge
about the law applicable and in force with regard to purchase of land by my client

Page 3 of 17
 Rajib Borpujari
Advocate
0 1mh11ti High Court
( 'hnmbcr: ''Tungn-Dip'', I louse No. 19-A, Near Srlman tapur I ,.P. Sc.:ho1JI, Hhan
gaga,m,
P.O. -lndrupur, Ouwahati -78 I 032, Ammm
emnil - rnjib.horpujari 29(t.ygmail .com
Phone: 0943:'W15973 (M J

from various vendors, as been reported In your aforesaid news

item dat.ed
08.12.2021. As such, my client stoutly refutes and denies each and every
allegation
made by you In your aforesaid news Item dated 08.12.2021. with regard
to purchase
of various plots of land by my client.

4. Before venturing Into rebuttal of the malicious allegations made in

the
aforesaid news Item dated 08.12.2021, let me quote and refer the relevan
t laws for
your kind appraisal.

{A} The Assam Land and Revenue Requ/atlon, 1886:

"Section B - Status of land-holder how acquired. - (J)(a) Any

person who has, before the commencement of this Regulation, held
immediately under the Government for ten years continuously any land
not included either In permanently-settled-estate, or In a revenue-free
estate, and who has during that period paid to the Government the
revenue due thereon, or held the same under an express exemption from
revenue; and

(b) Except as provided by Section 15, any person who has, whether before
or after the commencement of this Regulation, acquired any such land
under a lease granted by or on behalf of the Government, the terms of
which is not less than ten years, shall be deemed to have acquired the
statues of a /and-holder In respect of the said land.

(2) When any land held by one person has come immediately by transfe
r
or succession to be held by another, the holding shall for the purposes of
sub-section (1), clause (a), be deemed to have been continuous and the
latter person may, In reckoning the length of his ho/ding, add the holding
of the former to his own.

Page 4 of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber· "Tun D 1· "
· ga- P , House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P.O.-Indrapur, Guwahati-781032, Assam
email- [email protected]
Phone: 09435015973 (M)

(3) When any revenue has been paid in respect of land by any person
holding the land under another, that revenue shall for the purpose of the
said clause, be deemed to have been paid by the fatter person. "

"Section 9 - Rights of land-holders. - A /and-holder shall have a

permanent, heritable and transferable right of use and occupancy in his
land, subject to, -

(a) the payment of all revenue, taxes, cesses and rates from time to
time legally assessed or imposed in respect of land;

(b) the reservation in favour of the Government of all quarries and of all
mines, minerals and mineral oils, and of all buried treasure, with full
liberty to search for and work the same, paying to the /and-holder
only compensation for the surface damage as estimated by the
Deputy Commissioner; and

(c) the special conditions of any engagement into which the land-holder
may have entered with the Government.

Note. - For restrictions on the right of transfer see Executive

Instruction 6 in Part VIII, Chapter-II, of the Assam Land Revenue
Manual vol. L "

{B} The Assam Fixation of Ceiling on Land Holdings Act, 1956:

''Section 16 - The manner of disposal of excess land. - (1) If there

is any cultivating tenant in occupation of the land acquired from an owner
then he shall be given settlement of such land within a prescribed period
on the following conditions, namely :-

Pages of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber: "Tunga-Dip", House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P.O.-Indrapur, Guwahati-781032, Assam
email- [email protected]
Phone: 09435015973 (M)

(a) that the area of land so settled, together with any other land held by
him or any member of his family either as tenant or as owner shall
not exceed in the aggregate the limit fixed under Section 4 of this
Act and

(b) that he shall pay to the State Government in one or more equal
installments not exceeding an amount fixed by it but not exceeding
the compensation payable by the State Government for acquisition
thereof:

Provided that any amount which he is entitled to receive as

compensation under the provisions of this Act;. shall be adjusted
against an equal amount which he is liable to pay under clause (b)
above.

(2) On payment of the full amount under sub-section (1) above, the
land shall be settled with him with the status of a land holder as defined in
the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886).

(3) Where the excess land is acquired from a tenant as such and from
the owner thereof, the State Government shall be entitled to settle it on
such terms as may fix, with the sub-tenant if any, who is in occupation of
such land subject to the limit under Section 4, or if there be no sub-tenant
so entitled, with any person coming with the purpose of sub-section (1) of
Section 17 below, with the same status as was held by the tenant from
11
whom the land has been acquired.

Page 6 of 17
 Rt\l lh I hu'p1\]1tl'I
Advoonto
<l1111h11 il I ll~h ( 'ourt
\ 'hr1111bµr ll 1'11nuu nip", 110111-io N11, 11) /\ l Nriur Nrl111111l111p11 r I ,, I', Sehool, nlrnngugnrh,
P.<),-111drnp111\ ( h1w11h11t 1-7HI 01?,, Armtlm
ll lllll I1- 1'1\1 ih,ht 11•111 \Iii l'I 21, ,,,, ~, llll 11 ,(JOll)
rt,
Ph111\l1: 01),1\\OI S1 (M)

(CJ .lllt!Affillll Clflnll1.{Jl'tlfilY Sottlad.iJIJ)/ll;} r<monc_yAct 1971 :

1
~/on 4 .... Cla6stJS of te1111nt6. - (I) Thorc shall be, for the purpose
of tit/$ Act 011/y th~ folk>wlnp c/11.<;scs of rommts1 nomoly -

(t) Occt✓f)ilncy temmt ttu,t Is to soy, l1 tenant ho/ding Immediately

t1!1drN" ll p1Pp11etor, l8nd410/dor or scttlement~holder other than
l11nd-ho/dm~ tmd having a ,~qht of occup,1ncy In the lands held by
him/

(ti) N<>n~occupancy tenan~ that Is to say, o tenant ho/ding Immediately

under fl proprietor, /and-holder or settlement-holderor settlement-
holder other thttn lnnd-holder but not having a right of occupancy
In the lttod held by him/ and

(1) from thfl dttto of commencement of this Acli any person who was
recorded In thtJ record"of-r/ghts flS a pr/v//eged tenant under the provisions
of ttm A$$i1tn (T8mporllrlly Settled Districts) Tenancy Acli 1935, {Assam
Art Ill of J935) shttll henceforth be recorded as an occupancy tenanfi•

ProvlrltXI thnt ho shall subject to the provisions of Section 28 of the

Ari. ronf/11118 to ptty the rent at the same rate as before the
rom111t nce11wnt of this !let:

(!I) H om tlw dnto of comme11came11t of this Act there shall be no new

(Jfl(ltU'- (fJlltl/1( , ~

''Stldlon 5 - Acquisition of occupancy rights. - (1) A person who for

ft pt•1 /otl nf not los~s· llw11 J ycnrs has continuously held land as a tenant
slmll /t{,Vt) l l rlghf' of OCCUf)ftncy In tlmt land.

.. Pnge 7 of 17
 Rt~lib BorpuJnri
Aclvow,tt,
01111hn1I High Court.
Chumhcr : "'l'1111g11-Dlp", I lnuso Nn. I 'J-A, Noor Srini11ntop11r 1,.1'. School, Bhungagurh,
P.O.-l11drup11r, ( luwnhull-78 I 032, Assum
omni 1- rnJlh.borpuJnri29(a)Bm11il .com
Phone: 094 :'150 l.'i97J (M)

(2) The period of 3 years may be wholly or partly before or after the
commencement of this Act.

(3) A person shall be deemed, for the purposes of this section to have
contlnuously held land under a landlord notwithstanding that the particular
landlord under whom he held the land was different at different times,
provided the land held by him was the same.

(4) A person shall be deemed, for the purposes of this section, to have
held as a tenant any land held as a tenant by a person whose heir he Is.

(5) If a tenant recovers possession of his ho/ding under any law In force,
any period during which he might have been pout of possession, shall
count towards the period specified In sub-section (1). ;,

''Section 21 - Acquisition of ownership rights and Intermediary

rights by tenants. - Notwithstanding anything to the contrary In any
law, custom, or agreement, an occupancy tenant personally cultivating the
land of his tenancy, shall be entitled to acquire the rights, titles, and
interests of his land, hereinafter called 'the ownership rights' according to
the provisions of Section 23(1):

Provided that where the holding of an occupancy tenant is being

cultivated by an under-tenant as defined In the Assam {Temporarily
Settled Districts) Act, 1935, from any date prior to enforcement of this Act,
such under-tenant shall be entitled to acquire the rights, titles, and
Interests of his landlord, hereinafter called 'the intermediary rights' and
also the ownership rights of the land owner of the holding according to
provisions of Section 23(/1):

r Page 8 of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber: "Tunga-Dip", House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P.O.-lndrapur, Guwahati-781032, Assam
email- [email protected]
Phone:09435015973(M)

Provided further that the ownership rights of any land of a landlord

who is a widow or a minor or physically or mentally disabled person or a
member of the Defence Setvices shall not be liable to acquisition under
the provisions of this Chapter.

''Section 23 - Acquisition of ownership rights and intermediary

rights by tenants. - {I} Any occupancy tenant personally cultivating the
land of his tenancy, desirous of acquiring the ownership rights of his
landlord may at any time make an application in writing to the Deputy
Commissioner and on such application being made and compensation as
provided in Section 25 is determined and paid by the occupancy tenant,
the Deputy Commissioner shall declare the said occupancy tenant to have
acquired the ownership rights free from the encumbrances.

{II} Any under-tenant, as defined in the Assam {Temporarily Settled

Districts) Act 1935, cultivating the holding of an occupancy tenant or non-
occupancy tenant from a date prior to commencement of this Act
desirous of acquiring the intermediary rights of his landlord and the
ownership rights of the land-owner of his holding, may at any time make
an application in writing to the Deputy Commissioner, and on such
application being made and compensation as provided in Sedion 24 is
determined and paid by the under-tenant, the Deputy Commissioner shall
declare the said under-tenant to have acquired the intermediary rights of
his landlord and the ownership rights of his holding free from all
encumbrances.

''Section 24 - Compensation. - The total compensation payable for

acquiring the ownership rights as well as the intermediary rights if any, of

Page 9 of 17
 Rajib Borpujari
Advocate
Gauhati High Court
Chamber: " Tunga-Dip ", House No. 19-A., Near Srimantap ur L.P. School, Bhangagar h,
P.O.-lndra pur, Guw ahati-7810 32, Assam
email- rajib.borpu jari29<@gm ail.e-0m
Phone: 094350159 73 (M)

any holding shall be an amount equal to 50 times the full rate of annual
land revenue payable for such land. n

5. From a bare perusal of the aforesaid news item dated 08.12.2021 it is seen
that the tenor of the whole news item is based on the concept of "allotment of
land'. In this regard at the very outset you are informed that there is a vast
difference between the concept of "allotme nt of land" and "l\settlement of land".
When any land is allotted by the Government, various conditions may be imposed
regarding transfer of the said land, but, once the Government realizes the premium
over the allotted land and settles the same in favour of the allottee, the allottee
becomes the settlement-holder/land-holder, and derives all rights including right to
transfer under the relevant laws and statues in force, and, no restrictions can be
imposed upon the settlement-holder/land-holder with regard to his right of transfer
over the plot of land settled in his favour except by virtue of any statutory provision.

6. In the aforesaid news item dated 08.12.2021, there is only mention of

"allobnent'' on numerous times in connection with all the plots of land in question,
but the subject matter of the said news item, i.e., the parcels of land in question
were duly settled with the vendors by the Government after realization of premium,
by virtue of which, the vendors of the said plots of land who had sold the same to
my client, were landholders in terms of Section 8 and Section 9 of The Assam
Land and Revenue Regulation, 1886 and enjoyed all rights, which includes
permanent, heritable and transferable rights, as envisaged in the said provisions of
laws in force in relation to rights of landholders. Thus, the whole foundation of your
aforesaid news item dated 08.12.2021 relating to the sale and purchase of the plots
of land in question, is based on absolutely misconceived and misconstrued notion
about the laws relating to sale and purchase of settled land (not allotted land), and
without actually verifying the laws in force. Thus, you have prepared the said news

Page 10 of 17
I Ch am be r· "Tunga
· -
Rajib Borpujar i
Advocate
Gauhati High Court
o·1P,,, 'Irouse No. 19-A, Near
Srimantap
ur L.P. School. Bhangagarh.
P.O.-lndrapur, Guwahati- 781032, Assam
email- rajib.borpujaril~ gmail.com
Phone: 09435015 973 (M)

item dated 08.12 .2021 with some vested interest to malign my dient before the
public at large .

7• My client states that his company had purchased two plots of land situated at
village Numalijal ah under Sila Sinduri Ghopa Mouza of North Guwaha ti Revenue
Cirde in the District of Kamrup, Assam vide registered Sale Deeds executed on
14.11.200 6 and 06.01.2007 respectively, from the respective vendors . As on the
date of execution of the said Sale Deeds, the vendors were the a ~ute owners in
the fonn of settlemen t holders of their respective plots of land, having ngh~ title,
interest and possession thereof as land-holders as envisaged under section 8 and 9
of The Assam Land Revenue Regulation, 1886. The said plots of land were duty
sett1ed with the vendors/sellers by the Government of Assam in accordance with
law, and they were recorded pattadars in the Record-of-Rights. In fact, prior to
selling their respective plots of land to my client, the vendors had acquired the
status of "land-hol ders" as per the provisions of Section 8 of The Assam Land and
Revenue Regulation, 1886. Hence, by operation of the provisions of Section 9 of The
Assam Land and Revenue Regulation, 1886, the said vendors had acquired
permane nt, heritable and transferable rights of use and occupancy over their
respecbve plots of land. Therefore, evidently in law, there was no statutory bar
and/or any impediment under the provisions of The Assam Land and Revenue
Regulation, 1886, and/ or under any otherlaw in fOfce with regard to transfer of the
aforesaid two plots of land by the vendo<s to my dient company . Moreover, after
purchasing the said pk>ts of ·land, the name of my dtent has been mcocporated in
the Record-of-Rights by deleting the names of the respecuve vendors4 Hence, t,y
operation o! law under the PfO'IISionS of SectJoo 8 and SectlOn 9 of The Assam La~
and Revenue Regulation, 1886, my chent company has become the recorded
pattadar and absotute owner of the saw:J two plots of land, on and from the date of

p~ U C'f 17
I ,,, r '
 Rajib Borpujari
Advocate
Chamber- "Tun a Di " Gauhati High Court
· g - P , House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P .O.-Indrapur, Guwahati-781032, Assam
email- rajib. [email protected]
Phone: 09435015973 (M)

purchasing the same, having indefeasible right, title, interest and possession over
the said plots of land. Accordingly, my client is possessing the said plots of land
since the date of purchasing the same and has been using the same for carrying out
the activities of my client.
In this regard my client further states that the provisions of Land Policy of the
Government of Assam, 1989, are not attracted in the matter of purchasing the
aforesaid plots of land by my client, since, the said plots of land were already settled
with the respective vendors by the Government of Assam under the provisions of
The Assam land and Revenue Regulation, 1886. It is stated that allotment precedes
settlement, and as such, the moment the aforesaid plots of land are settled with the
vendors, the question of allotment becomes nugatory, and the conditions of
allotment, if any, assumes no significance under the provisions of The Assam Land
and Revenue Regulation, 1886. Therefore, evidently, there was no violation and/or
contravention of any law, when my client had purchased the aforesaid plots of land
from the respective vendors, since the same were settled in their favour after all
dues, values and premium were realized by the Government entitling them to
acquire the rights of a "Land Holder". It is apparent from your aforesaid news item
dated 08.12.2021 that you could not differentiate between the two events, i.e.,
"Allotment of land" and "Settlement of land".

s. My client states that the company had purchased nine plots of land situated
at village Bongora under Chayani Mouza of Palashbari Revenue Circle in the
District of Kamrup, Assam vide registered Sale Deeds executed on 22.01.2009,
25.02.2009, 13.11.2009, respectively, from the respective vendors. As on the date
of execution of the said Sale Deeds, the vendors were the absolute owners of their
respective plots of land, having right, title, interest and possession thereof. The said
plots of land were duly settled with the vendors by the Government of Assam in
accordance with law, and they were recorded pattadars in the Record-of-Rights. In

Page 12 of 17
 Rajib Borpujari
Advocate
Chamb er: "Tun a-Di ,, Gauhat i High Court
g Pp House No. 19-A, Near Srimantapur L.P. School , Bhangagarh
.O.-Ind rapur, Guwahati-781032 Assam '
email- [email protected]
Phone: 094350 15973( M)

fact, prior to selling their respective plots of land to my client,

the vendors had
acquired the status of land-holders as per the provisions of Section
8 of The Assam
Land and Revenue Regulation, 1886. Hence, by operation
of the provisions of
Section 9 of The Assam Land and Revenue Regulation, 1886,
the said vendors had
acquired perma nent, heritable and transferable rights of use
and occupancy over
their respective plots of land. Therefore, evidently, there was
no bar and/or any
imped iment under the provisions of The Assam Land and Reven
ue Regulation, 1886,
and/or under any other law with regard to transfer of the afores
aid plots of land by
the vendors to my client. Moreover, after purchasing the said
plots of land, the name
of my client has been incorporated in the Record-of-Rights by
deleting the names of
the respective vendors. Hence, by operation of law under the
provisions of Section 8
and Section 9 of The Assam Land and Revenue Regulation,
1886, my client has
become the recorded pattadar and absolute owner of the said
plots of land, on and
from the date of purchasing the same, having indefeasible right,
title, interest and
possession over the said plots of land. Accordingly, my client
is possessing the said
plots of land since the date of purchasing the same and has been
using the same for
carrying out the activities of my client.
In this regard my client furthe r states that the vendors of the
aforesaid plots
of land had earlier possessed their respective plots of land under
Palashbari Revenue
Circle as occupancy tenants {riyots) under the provisi
ons of the Assam
(Temporarily Settled Areas) Tenancy Act, 1971, and by the
passage of time they
acquired ownership rights over their respective plots of land
under the provisions
of Section 23 of the Assam {Temporarily Settled Areas
) Tenancy Act, 1971,
by paying full compensation in accordance with the provisions
of Section 24 of the
said Act of 1971. Moreover, the said plots of land being ceiling
surplus land, the
same were settled with t he said vendors by the Government
of Assam under the
provisions of Section 16 of the Assam Fixation of Ceilin
g on Land Holdings

Page 13 of 17
 Rajib Borpujari
Advocate
Chamber: "Tun ,a-Di ,, Gauhati High Court
g P , House No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
P.O.-Indrapur, Guwahati-78 I 032, Assam
email- rajib.borpujari29@gmail .com
Phone: 09435015973 (M)

Act, 1956, whereby, the said vendors, upon payment of the full amount of
compensation acquired the status of 'land-holders' as defined in Section 8 and
Section 9 of The Assam Land and Revenue Regulation, 1886. In fact, after having
acquired the status of "Land-Holders" and having got their names mutated in the
Record-of-Rights, the said vendors became the absolute owners of their respective
plots of land, having indefeasible right, title, interest and possession over the said
plots of land, and it is only thereafter, the said vendors have sold their respective
plots of land to my client, which is permissible in law. This is the settled
proposition of law under several judicial pronouncements of the Hon'ble
Gauhati High Court. Be it categorically mentioned herein that no where in the
Statutory Laws and Rules in force, there exist any provision about '10 years lock-
in" period before selling/transferring any land by anyone who acquires his right as a
land-holder by payment of premium on the settled land to the Government. It is
also worth reiterating that in the news item itself, there are mention of
payment of Rs. 7,87,217 /- and Rs. 25 lacs paid for allotment (sic} of the

!rullb
It is stated that under the provisions of the Assam (Temporarily Settled
Areas) Tenancy Act, 1971, as well as, under the provisions of the Assam Fixation of
Ceiling on Land Holdings Act, 1956, and also, under the provisions of The Assam
Land and Revenue Regulation, 1886, there is no express bar, and/or restriction that
a person who is settled (i.e., after payment of premium) with a plot of land by the
Government of Assam, and, who acquires the right of ownership over such land and
becomes the land-holder thereof, cannot sale the same to any other person and/or
body corporate for a further period of 10 (ten) years from the date of settlement of
such land by the Government in his favour. Therefore, evidently, the aforesaid
Statutes, i.e., the law, do not provide for any lock-in period of 10 (ten) years, so far
as, selling/transferring of the aforesaid plots of land by the vendors to my client is

Page 14 of 17
 Rajib Borpujari
Advocate
Chamber: "Tun a-Di ,, Gauhati High Court
g Pp House No. 19-A, Near Srimantapur L.P. School Bhanoaoarh
0 0
.O.-Io<lrapur, Guwahati-781032 Assam ' '

email- rajib.borpujari29@gmai,l.com
Phone: 09435015973 (M)

concerned. Hence, in absence of any statutory bar, any Circular, Letter, Notification,
etc., issued by any executive/officer without statutory support and backing, by way
of an executive fiat, cannot create any such bar of 10 (ten) years lock-in period. As
such, it is abundantly clear there was no violation and/or contravention of law, when
my client had purchased the aforesaid plots of land from the respective vendors.

9. My client states that it has purchased all the aforesaid plots of land from the
respective vendors after complying with all the requirements and formalities
prescribed under the law. Similarly, the vendors also, at the time of selling did not
violate any statutory law in doing so.

10. My client states that on the issue of settlement, the Hon'ble Gauhati High
Court in the case of Shri Mangilal Agatwalla -versus- The State of Assam &
others, reported in 1993 (1) GU 508, held that if a land is settled by the
competent authority and premium is also realized. the person with whom
the land is settled and possession of the land is also handed over. the
person acquired legal right to obtain patta. This implies that once patta is
issued upon realization of premium, the settlement holder becomes the absolute
owner of the plot of land and enjoys all rights of a land-holder as envisaged under
Section 8 and Section 9 of The Assam land and Revenue Regulation, 1886, and such
rights includes right to transfer the land by way of sale.

11. My client states that under the above noted laws in force, the settlement
holder enjoys full and complete rights over the settled plot of land with regard to
permanent, heritable and transferable rights of use and occupancy of his land, and
no executive order, Notification, Circular issued by any individual Government officer
can restrict the land settlement holder's right in any manner, unless such executive
order, Circular, Notification has the statut~ry backing of the laws in force. In this
regard it is pertinent to refer and rely upon the decision of the Division Bench of the
Page 15 of 17
 Rajib Borpujari
Advocate
Chambe r: "Tunga -Di ,, Gauhati High Court
Pp ~ouse No. 19-A, Near Srimantapur L.P. School, Bhangagarh,
· .-lo<lrapur, Guwahati-781032 Assam
email- [email protected]
Phone:0 943501 5973(M )

Hon'ble Gauhati High Court in the case of Abdul Aziz -versus- The
State of
Assam & others, reported in 2008 {1} GLT 301, wherein it has been held
that,
no impediment or restriction can be imposed through execut
ive
fiat/ action in registration of land unless such executive fiat/ action
is
supported by statutory laws.
Furthermore, the Hon'ble Supreme Court of India in the case of Gulf Goans
Hotels Company Limited & another -versus- Union of India &
others,
report ed in {2014 } 10 sec 673, on the question of "what is law" held
that a
Government policy/ executive decision in order to acquire the force
of law
must take form under the mandate of Article 77 and Article 166
of the
Constitution of India, meaning thereby that due procedure must
be
followed by the Executive to convert its executive decision into law,
by
following certain measures and in absence of such exercise, the
said
executive decision do not have the force of law and are mere opinio
n of
some officers, which are not binding on the public at large. The
Hon'ble
Supreme Court further held that it is essential that what is claimed to
be a law
must be notified or made public in order to bind the citizens.

In the instant case, there is no statutory Notification or Statutory

Law
governing the transfer, sale and purchase of land in Assam by a settlem
ent holder
(not allotment holder), in which there is any restriction of 10 (ten) years
lock-in
period as indicated in your news item dated 08.12.2021.

12. Thus in view of the above, it is abundantly clear that your aforesaid news
item
dated 08.12.2021 is absolutely baseless, concocted and frivolous withou
t any iota of
truth and made on complete misconception of prevailing land laws in Assam,
and also,
on the basis of misconceived and misconstrued notion about allotment,
settlement of
land vis-a-vis right of transfer of land by settlement holder, with an ulterior
motive to

Page 16 of 17
 Rajib Borpujari
Advocate
Chamber: "Tunga-o·1 ,, H Gaubati High Court
P , ouse No 19 A N S •
p O I d · - , ear nmantapur L.P. Schoo l. Bhangagarh.
· .- ~ ra~~r, Guwahati-781032, Assam
email- [email protected]
Phone: 09435015973 (M)

create artificial sensation and malign not only the Company of my client, but also, the
nd
i ividuals and family members connected to the Company and its Directors. Moreover,
th
e materials in the news item relating to composition, shares and other particulars of
the Company are nothing but my client's own submissions and declarations to the
concerned authorities under the Companies Act and Rules, hence, there is no
investigative element on your part in this regard, however, you have deliberately
attempted to display the said facts in a distorted manner with the sinister design to
seek public attention and malign my client.

13. Therefore, it is my earnest request to you to publish a correct picture of the

whole affair through a clarification in your news portal website "The Wire". In the event
of not doing so, my client shall be at liberty to proceed against you before appropriate
forum of law, under civil and criminal law, at your risk and cost, for redressal of its
grievances and seek compensation.

14. This Legal Notice is being served upon you through email as well as registered
ND post and a copy of the same alongwith the postal receipt thereof are retained at
my Chamber for future use and reference.

Without prejudice.

Yours sincerely,

f!r.l~yan
Rajib Borpujari
Advocate, Gauhati High Court

Page 17 of 17