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2016 DIGILAW 1095 (GAU)

Luitpar Kristi Bikash Kendra & Anr. v. State of Assam And 6 Ors.

2016-12-07

AJIT SINGH, MANOJIT BHUYAN

body2016
Ajit Singh; CJ.:-- Ms. R Dutta and Ms. R Goswami, learned counsel for the petitioners. Ms. R. Boro Bora, learned Junior Government Advocate, Assam, for Respondent Nos. 1, 4,5, 6 and 7. Ms. M Hazarika, learned counsel for respondent No. 2. Mr. S. Bora, learned counsel for respondent No. 3. Heard on admission. The petitioners are residents of Kalipur locality in the Township of Guwahati. According to them, one Sri C Medhi is the owner of plot of land, measuring 2.5 kathas, covered by Dag No. 648 (old), KP Patta No. 290 (old). He is also a retired Army Officer and has allowed one ManojPoddarto construct house on that land. And ManojPoddar, after obtaining sanction for construction from the Guwahati Metropolitan Development Authority (GMDA), has started the construction. The petitioners submit that for construction of house, a huge rock on the bank of Brahmaputra river has been broken against which they have made various representations to different authorities, but without any positive response and therefore they have filed the present Public Interest Litigation for a direction against the respondents to stop the construction, in question. Admittedly, the construction of house is being made after due sanction from the GMDA. Annexure-A filed by the petitioners reveals that they are in fact aggrieved with the construction, because it is adjacent to their Club house. Photographs filed along with the petition merely show that the surface of plot is hard due to stone and plinth has been dug on it for the foundation of house under construction. Surprisingly, the petitioners have neither impleaded Sri C Medhi nor Manoj Poddar as respondents. Apparently, the petitioners intention is to somehow prevent the construction of house, because their Club house is situated on the adjacent land. For these reasons, we are not inclined to entertain the present petition as no public interest is involved. It is accordingly dismissed summarily.