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2014 DIGILAW 936 (GAU)

In Re : State of Assam v. .

2014-10-27

UJJAL BHUYAN

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JUDGMENT UJJAL BHUYAN, J. This public interest litigation was registered suo-moto by this Court following a news report. On 27.06.2013, the news paper ‘The Sentinel’ published a news item regarding encroachment in and around Borduwa Than in the district of Nagaon. Borduwa than is the birth place of Srimanta Shankardev. It is not necessary to deliberate upon the various facets of the life and works of Srimanta Shankardev, as it would be stating the obvious. Needless to say, he is a colossal figure in the social, cultural and religious history of Assam and a leading saint of the 15th-16th century who spearheaded the ‘Bhakti movement’ in this part of the country. Borduwa than is also one of the first ‘Satras’ (monastries) established by Srimanta Shankardev. Despite being a major spiritual centre and a place of tourist attraction, it has not received the due attention of the State or the Central Govt. The news report stated about encroachment in and around Borduwa Than. This Court issued notice to the various authorities, following which, affidavits were filed. On perusal of the affidavits, this Court vide order dated 28.04.2014 took the view that a detailed report should be called for before passing any order. Accordingly, Member Secretary, Assam State Legal Services Authority was directed to visit Borduwa than alongwith his team members and to submit report regarding encroachment. Member Secretary, Assam State Legal Services Authority alongwith his team visited Borduwa than under Dhing Revenue Circle on 03.05.2014 and made necessary inquiry. He thereafter submitted report before the Court dated 06.06.2014 stating that Shantijan, Borduwa Than comprises of land area of 96 bighas, 2 kathas and 4 lessas under dag Nos. 2, 8, 34, 35, 36 of Bhumuraguri gaon and dag Nos. 119, 122, 123, 328, 329 of Batadrava Sosuhissa gaon. The report further discloses that there has been encroachment over a portion of the aforesaid land since last couple of years. As per official record, the area named as Shantijan stands as Govt. land. The encroached area would be approximately 4 kathas, 14 lessas of dag Nos. 34 & 35, 1 katha 15 lessas of dag No. 123 and 1 lessa of dag No. 367. It is further stated that the encroached land is purely Govt. land. Thereafter, Deputy Commissioner, Nagaon has informed the Court through the learned Govt. land. The encroached area would be approximately 4 kathas, 14 lessas of dag Nos. 34 & 35, 1 katha 15 lessas of dag No. 123 and 1 lessa of dag No. 367. It is further stated that the encroached land is purely Govt. land. Thereafter, Deputy Commissioner, Nagaon has informed the Court through the learned Govt. Advocate that eviction operation was carried out on 03.09.2014 and all unauthorized encroachers were evicted from a total land area of 1 bigha 1 katha 10 lessas and the encroached area has been cleared. Today when the matter is called upon, Mr. SS Dey, learned Amicus Curiae made a submission that though the encroachers have been evicted, effective steps must be taken to ensure that there is no re-encroachment. He further submits that the Govt. should develop the entire area in a befitting manner to preserve the rich heritage of the place. Proposals should be invited from the experts so that the site can be developed into a major spiritual centre and a centre of cultural excellence with amenities for the devotees and the tourists. Mr. BJ Ghosh, learned Govt. Advocate, Assam submits that Govt. is open to all ideas to develop Borduwa Than. All suggestions would be welcome, he submits. At this, Mr. SS Dey, learned Amicus Curiae submitted that since this public interest litigation was taken up suo-moto by this Court, the Court may lay down broad guidelines for the State Govt. to act on the same. We appreciate the submissions of both the learned Amicus Curiae as well as the learned Govt. Advocate. It goes without saying that it is the duty of the State to protect and preserve the rich cultural heritage of the State. All steps that are considered necessary for achieving the aforesaid objective should be taken by the State subject, of course, to budgetary limitations. Article 49 of the Constitution of India which forms part of the directive principles of State policy, states that it shall be the obligation of the State to protect monuments, places and objects of artistic or historic interest. Under Article 51 A(f), it is the duty of every citizen of India to value and preserve the rich heritage of our composite culture. Under Article 51 A(f), it is the duty of every citizen of India to value and preserve the rich heritage of our composite culture. Keeping the above in mind and having regard to the public interest involved, we deem it appropriate to issue the following directions:- (1) District Administration, Nagaon should take immediate steps to ensure that there is no re-encroachment or further encroachment in the area in and around Borduwa Than. (2) Chief Secretary, Assam should constitute a High Level Committee of Govt. officials and experts, including officials representing the Revenue Department, Cultural Affairs Department, District Administration, Nagaon etc. for proper and effective utilization and development of the land at Borduwa Than, including the recently cleared area. (3) The above Committee should be constituted within six (6) weeks from the date of receipt of a certified copy of this order and should be headed by the Chief Secretary. (4) After its constitution, the Committee should interact with all stake holders and experts in the field and invite suggestions/proposals regarding development of Borduwa Than as a spiritual centre, a centre of art, culture and research, a place of tourist attraction etc. befitting the importance of the place. Efforts should be made to finalize the project report expeditiously. (5) Once the project report is finalized, necessary modalities, such as, financial arrangement, execution etc. may be worked out. (6) We hope and trust that the ground work would be completed within a year from today so that actual work at the site can commence after the monsoons next year i.e. 2015. This is a matter of public interest and while we close the proceedings with the aforesaid directions, we hope the State will ensure compliance of the aforesaid directions in letter and spirit with utmost sincerity and expedition. Before parting with the record, we would like to place on record, our appreciation of the assistance rendered by the learned Amicus Curiae. Copies of this order may be furnished to Mr. BJ Ghosh, learned Govt. Advocate, Assam and Mr. SS Dey, learned Amicus Curiae for doing the needful. Registry shall also forward a copy of this order to the Chief Secretary, Assam.