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2016 DIGILAW 430 (GAU)

XXX v. In Re :- State of Assam & 4 Ors.

2016-05-17

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. This Public Interest Litigation (PIL) has been registered on a representation received from the residents of Kharghuli Hillside area in the City of Guwahati. 2. It is stated in the representation that Plot No. 79 is a large area through which the main water stream passes and for this, there is a canal constructed by the Government. It is alleged that Plot No. 79 belongs to government and if any illegal construction is made on it by some private person, the stream water will not have vent and it would block natural flow of water. It is also alleged that complaints were made to the concerned authorities in this regard, but to no avail. 3. To have the first hand information of the area in question, this court vide order dated 14.11.2011 directed the authorities to submit a report after inspecting the place. And in compliance of the order, Deputy Secretary, Revenue and Disaster Management Department along with government officials representing the office of Deputy Commissioner, Kamrup (Metro); Guwahati Metropolitan Development Authority; Guwahati Municipal Corporation; Environment and Forest Department; Latasil Police Station along with residents of the area including one of the complainants visited the site and examined the entire area. Thereafter, he has submitted the following report:- • The map submitted by the petitioners in the PIL is not a Revenue Department map but seems to be a map earlier used by the erstwhile Gauhati Development Authority. Plot No. 79 as shown in the map attached with the PIL actually is under Dag No. 631,632& 634 while Plot No. 10 is actually under Dag No. 650, both covered by Patta No. 3 of village ShaharKharghuli FS Grant under MouzaUlubari in Guwahati Revenue Circle. As per Revenue Deptt. Records, the land shown as plot No. 79 is not Government land but patta land. • This report has been submitted with reference to the map submitted by the petitioners and the plot numbers shown in the map, in order to prevent confusion over the locations referred to in this report, and for easy understanding of the ground situation as found during site visit vis-à-vis the submission made by the petitioners to the Hon’ble Court. • The north boundary of Plot No. 10 is a road on the opposite of which is rockline which forms the south boundary of Plot No. 79. • The north boundary of Plot No. 10 is a road on the opposite of which is rockline which forms the south boundary of Plot No. 79. The stream of water coming down from Plot No. 10 crosses the road through a PWD culvert underneath the road and falls on plot No. 79 over the rockline. • Plot No. 79 is not only at a lower level than Plot No. 10 but also deeper than plots on its side. A canal has been newly constructed starting from a point which is some distance inside the plot 79 and near boundary of plot No. 79 & plot No. 80 which then moves downward alongside the boundary of plot No. 79 & plot 80. • Water after arriving inside Plot 79 over the rock line flows for some distance inside Plot No. 79 and then onto this canal and to the drain along the road on the north boundary of plot 79 at the corner point of plot 79 & plot 80. • It appears possible that in the absence of the canal, the water would have flowed down through the middle part of plot No. 79 onto the road at a more central point on the north boundary of plot 79. Physical features in plot No. 79 support this observation. A culvert exists on the road on the north boundary where this water might have earlier flowed through on to the drain on the opposite side of the road, which was confirmed by local residents. • It appears that due to the construction of the canal the natural downward flow of water has got diverted to the side of plot 79 instead of flowing through the middle part. • It was not possible to exactly determine whether the canal dimensions are sufficient to accommodate the peak volume of water during the rainy season. However, prima facie, it appears inadequate which may result in water overflowing on to plot 79 but not on to plot No. 80 which is at a higher level. This overflowing water would possibly flow inside the boundary of Plot No. 79 and onto the north boundary road-drain. However, prima facie, it appears inadequate which may result in water overflowing on to plot 79 but not on to plot No. 80 which is at a higher level. This overflowing water would possibly flow inside the boundary of Plot No. 79 and onto the north boundary road-drain. • As the existing canal was not constructed near the boundary of the Plot 79 & plot No. 10 i.e. the rock line, but away from the rockline, there is no visible indication that the construction of the canal would affect the flow of water at the rock line stage. But if, in future, water diversion/obstruction is created at the rock line, then the water may flow along the road adjacent to the rock line and outside the south boundary of plot No. 79 instead of naturally entering into plot No. 79. The water may then flow down through alternate channels i.e. on the road itself or the posts on the sides of the plot No. 79. Conclusion: • In view of the above, it is felt that, in future, GMDA/GMC before granting any permission for further construction in plot No. 79 should ensure that a water drainage system is in place so that the general flow of water at Plot No. 79 from upper hills is not disturbed, otherwise it may adversely affect the overall water drainage in the general vicinity as well the road in between Plot No. 10 & Plot No. 79.” 4. Not only this, vide order dated 14th July, 2012, the Deputy Commissioner, Kamrup (Metro), Guwahati has constituted a committee to monitor the encroachment of the government land, illegal construction, earth cutting and disruption of water drainage in the hills of Kharghuli area. 5. From the above report and order dated 14th July, 2012, we are of the considered view that this PIL has served its purpose and no further direction is needed. The PIL stands finally disposed of.