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2014 DIGILAW 143 (GAU)

LAKHI KANTA ROY v. STATE OF ASSAM

2014-02-05

A.M.SAPRE, UJJAL BHUYAN

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JUDGMENT A.M. Sapre, J. Heard Mr. A. R. Sikdar, learned counsel for the petitioners and Mrs. B. S. Goyal, learned Govt. Advocate, Assam, appearing for the respondents. By filing this petition under Article 226/227 of the Constitution of India, the petitioners have invoked our PIL jurisdiction against the respondents complaining therein that respondents (State authorities) have encroached upon the land measuring 3B-4K-1L covered by Dag Nos.755, 756, 758 and 759 and also land of Gandhi Maidan measuring 8B-4K-10 Lechas covered by Dag No.652 in Bongaigaon town. It is complained that earlier the entire land referred to above was being exclusively used by the children as a “Children Park” but recently the respondents encroached upon portion of land for making construction over it and has also constructed one building for Revenue department on an area measuring 1070 Sq. M. out of total area of 3697.12 Sq. M. thereby depriving the children to use the land for their playing activities. It is essentially with this grievance the petitioners have filed this PIL for appropriate relief. On a notice being issued, the respondents filed an affidavit dated 22.01.2014 of one Sri Gautam Das holding the post of EAC, Bongaigaon stating therein as follows : “2. That the humble deponent begs to state that as directed by this Hon’ble Court, a copy of the location map indicating the Children’s park and the Circle Office, Bongaigaon; the Key Plan; and the trace map of the proposed land and use plan are annexed and marked as ANNEXURE-A series. 3. That this affidavit has been drafted as per instructions and I have understood the contents thereof. The statements made in paragraph 1 true to my knowledge, the statements made in paragraph 2 are matters of record which I believe to be true and the rest are my humble submissions before this Hon’ble Court.” We have perused the contents of the affidavit and also the Annexure-A filed along with the affidavit series which is a map drawn to scale indicating the area, location and the use of the land in question by the respondents. We have also seen the master plan placed before us by the learned counsel appearing for the respondents. Having perused the record of the case, maps filed by the respondents on affidavit and the master plan, we are satisfied that the land which is now earmarked for the Children Park measuring around 2627 Sq. We have also seen the master plan placed before us by the learned counsel appearing for the respondents. Having perused the record of the case, maps filed by the respondents on affidavit and the master plan, we are satisfied that the land which is now earmarked for the Children Park measuring around 2627 Sq. M. as shown in Annexure-A to the affidavit of the respondents by and under the name ‘existing Children Park’ shall be reserved and continued to be reserved for Children Park and no other activity will be allowed to be done on this land except to use the land as the Children Park. With these directions, we dispose of this public interest litigation petition filed by the petitioners as it will serve the purpose for which it has been filed in the light of the directions given by this Court in relation to the land in question. In the light of the order aforesaid, all the miscellaneous applications filed and pending in this case stands accordingly disposed of.