GAUHATI HIGH COURT ISSUES ORDER ON PRAKASH CHANDRA SAIKIA V/S THE STATE OF ASSAM AND 5 ORS.

GUWAHATI, India, May 30 -- Gauhati High Court issued the following order on April 30:

1. Heard Ms. S. Roy, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2, 3 & 4; Mr. C. Sarma, learned Standing Counsel, Water Resources Department for the respondent no. 5; and Ms. G. Bora, learned Standing Counsel, Agriculture Department for the respondent no. 6.

2. The petitioner has stated that he is the owner of a plot of land measuring 1 Bigha, covered by Dag no. 69 & Periodic Patta no. 10, situate at Borotichuk Gaon, Mouza - Rohmoria, Chabua Revenue Circle ['the subject-plot', for short]. The petitioner had established a timber depot by the name and style of M/s Prakash Sawn Timber Trading Depot on the subject-plot after obtaining license from the office of the Divisional Forest Officer, Dibrugarh.

3. The respondent authorities in the Water Resources Department, Government of Assam had undertaken and executed a project for anti-erosion, namely, 'Restoration of flood damages by River Brahmaputra at Rohmoria from H.S. School to Borotichuk' ['the project', for short] in the vicinity of the subject-plot. The project involved installation of geo bags in the bank of river Brahmaputra for controlling soil erosion.

4. The subject-plot belonging to the petitioner is located nearby the bank of river Brahmaputra and the project undertaken by the Water Resource Department.

5. The petitioner has contended that the respondent authorities in the course of installation of the geo bags on the bank of river Brahmaputra under the project, had taken recourse of excavation of land. The petitioner sensing threat to the subject-plot, filed an Representation on 07.12.2020 before the respondent no. 2 with a request to serve him advance notice before any kind of acquisition and excavation of the subject-plot for the installation of geo bags. When no action was taken on the said Representation, the petitioner approached this Court by way of a writ petition, W.P.[C] no. 2666/2021. The Court while issuing notice to the respondents, by an order dated 09.04.2021, had observed that the pendency of the writ petition would not be a bar for disposal of the Representation dated 07.12.2020 by the respondent no. 2. The respondent no. 2 had thereafter, directed an enquiry to be caused through the respondent no. 5 and the respondent no. 6 and to submit a report to him. On 20.01.2023, the petitioner submitted another Representation stating that there had been illegal excavation of earth over the subject-plot for the purpose of installation of geo bags and in the process, severe damage had been caused to the subject-plot including bamboo trees standing thereon and the timber depot running therefrom. By submitting another Representation, the petitioner had also sought for adeqssuate compensation for such loss.

6. In the meantime, the respondent no. 4 after causing a field verification with regard to illegal excavation of earth from the subject-plot, submitted a report before the respondent no. 3 on 01.02.2023 reporting inter alia that a parcel of land measuring 12 Lessas, covered by Dag no. 69 [part] & Periodic Patta no. 10, situate at Borotichuk Gaon, Mouza - Rohmoria, Chabua Revenue Circle was proposed for the project for the purpose of installation of geo bags to prevent erosion by river Brahmaputra. It was further reported that the plot of land had a groove containing 50 bamboo trees and there were six recorded pattadars including the petitioner, within 12 Lessas. Subsequently, the respondent no. 5 caused another field verification at the concerned area on the direction of the respondent no. 3 and through the Assistant Executive Engineer, Dibrugarh, East Water Resources Sub-Division, Dibrugarh. The Assistant Executive Engineer, East Water Resources Sub-Division, Dibrugarh with the respondent no. 4 and other officials carried out a joint survey and in the course of the said joint survey, demarcation of the subject-plot was also made.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqKHwT9E4f5EAuHQvn0TeHV7cXuN7RZvPkYQCqs0fkI3B&caseno=WP(C)/415/2024&cCode=1&cino=GAHC010003462024&state_code=6&appFlag=)

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