Disposed

Debendra Narayan Deka v. Monalisa Goswami and 3 Ors.

Gauhati HC6 Aug 2022I.A.(Civil)/2125/2022

Case brief

AI extract

What is this about?

In a contempt proceeding concerning the delay in executing a PIL to remove illegal bridges ensuring free flow of Bahini River water, the Court noted substantial compliance via an additional affidavit. The Court granted time until 31.05.2023 to complete works and closed the proceeding.

What did the court decide?

Granted time till 31.05.2023 to complete works; contempt proceeding closed.

Debendra Narayan Deka Vs Monalisa Goswami and 3 Ors. — Environment and Pollution | Gauhati HC (2022)

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Page No.# 1/6

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GAHC010262002018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/5/2019

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DEBENDRA NARAYAN DEKA

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S/O. LT. KRISHNA HARI DEKA, R/O. SWAHID DILIP HUJURI PATH, SARUMATARIA, DISPUR, DIST. KAMRUP (M), GUWAHATI-781006.

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VERSUS

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MONALISA GOSWAMI AND 3 ORS.

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THE COMMISSIONER, GUWAHATI MUNICIPAL CORPORATION, GUWAHATI-01.

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2:S.S MENAKSHI SUNDARAM, IAS

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SECY. GUWAHATI DEVELOPMENT DEPTT. GOVT. OF ASSAM, DISPUR, GUWAHATI.

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3:VIRENDRA MITTAL, IAS DEPUTY COMMISSIONER KAMRUP (M), GUWAHATI-01.

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4:RAJENDRA PRASAD DAS SECY. WATER RESOURCE DEPTT. DISPUR, GUWAHATI-01, ASSAM.

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5:SRI UMANANDA DOLEY

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SECRETARY TO THE GOVERNMENT OF ASSAM GUWAHATI DEVELOPMENT DEPARTMENT DISPUR, GUWAHATI-781006

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6:SRI S. ABBASI

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SECRETARY TO THE GOVT OF ASSAM WATER RESOURCE DEPARTMENT DISPUR, GUWAHATI-781006

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7:SRI PALLAV GOPAL JHA DEPUTY COMMISSIONER

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Page No.# 2/6

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KAMRUP(M), GUWAHATI-781001

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8:SRI DEBASISH SARMA COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR, GUWAHATI-78100

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Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : GA, ASSAM

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Linked Case : I.A.(Civil)/1767/2021

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DEBENDRA NARAYAN DEKA S/O. LT. KRISHNA HARI DEKA R/O. SWAHID DILIP HUJURI PATH SARUMATARIA DISPUR, DIST. KAMRUP (M) GUWAHATI-781006.

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VERSUS

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MONALISA GOSWAMI AND 3 ORS. THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 1

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2:S.S MENAKSHI SUNDARAM, IAS SECY. GUWAHATI DEVELOPMENT DEPTT. GOVT. OF ASSAM DISPUR, GUWAHATI.

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3:VIRENDRA MITTAL, IAS DEPUTY COMMISSIONER KAMRUP (M), GUWAHATI-01. 4:RAJENDRA PRASAD DAS

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SECY. WATER RESOURCE DEPTT. DISPUR, GUWAHATI-01 ASSAM. -----------Advocate for : MR. R GOSWAMI Advocate for : MR. S. BORAH appearing for MONALISA GOSWAMI AND 3 ORS.

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Linked Case : I.A.(Civil)/2125/2022

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DEBENDRA NARAYAN DEKA

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Page No.# 3/6

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S/O. LT. KRISHNA HARI DEKA R/O. SWAHID DILIP HUJURI PATH SARUMATARIA, DISPUR DIST. KAMRUP (M) GUWAHATI-781006. VERSUS MONALISA GOSWAMI AND 3 ORS. THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-01. 2:S.S MENAKSHI SUNDARAM, IAS SECY. GUWAHATI DEVELOPMENT DEPTT. GOVT. OF ASSAM DISPUR, GUWAHATI. 3:VIRENDRA MITTAL, IAS DEPUTY COMMISSIONER KAMRUP (M), GUWAHATI-01.

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4:RAJENDRA PRASAD DAS SECY. WATER RESOURCE DEPTT. DISPUR, GUWAHATI-01, ASSAM.

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-----------Advocate for : MR. R GOSWAMI Advocate for : MR. S BORA appearing for MONALISA GOSWAMI AND 3 ORS.

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 29.09.2022

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Heard Mr. R. Goswami, learned counsel appearing for the petitioner. Also heard Mr. J. Chutiya, learned counsel appearing for respondent no. 5; Ms. J. Gogoi, learned counsel for respondent no. 6 and Mr. S. Bora, learned counsel appearing for respondent nos. 1 and 8.

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The present application is filed under Article 215 of the Constitution of India read

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Page No.# 4/6

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with Section 12 of the Contempt of Court Act, 1971 relates to non-compliance and alleged wilful disobedience of the judgment and order dated 24.08.2017 passed by the Coordinate Bench of this Court in PIL No. 18/2015.

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The issue involved in this application is regarding free flow of water of Bahini River, which flows through the city of Guwahati. In PIL 18/2015, it was brought to the notice of this Court by the public interest litigant that because of many bridges illegally constructed along the course of the Bahini River the width of the river has narrowed down which has adversely affected the free flow of water as a result of which the internal drainage and channels are flooded with water drowning the entire city of Guwahati and, therefore, maintenance of the width and depth of the said river is essential for controlling the flood caused by the river Bihini.

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The Secretary to the Government of Assam, Guwahati Development Department, vide order dated 17.06.2008, directed the Guwahati Municipal Corporation to take immediate steps in the matter and, based upon the said order passed by the Secretary to the Government of Assam, Guwahati Development Department, the Coordinate Bench of this Court disposed of the aforesaid Public Interest Litigation (PIL 18/2015) vide order dated 24.08.2017 directing the competent authorities of the State of Assam to execute the aforesaid order dated 17.06.2008 without any further delay, and also gave specific direction to remove all illegally constructed bridges after following due process of law.

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Mr. R. Goswami, learned counsel for the original applicant has submitted that during the pendency of this Contempt Petition the sole petitioner has expired. However, as the contempt arises out of an order passed in a Public Interest Litigation, which is between the Court and the respondents, the proceedings of this contempt proceeding may be directed to be proceeded.

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During the course of hearing of this Contempt Application, this court passed the following order on 25.07.2022:

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“ Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam, assited by Mr. S. Bora, leaned Standing counsel, Guwahati Municipal Corporation for respondent nos. 1 and 2; and Mr. B. Chowdhury, learned counsel for respondent no. 4.

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Learned Advocate General states that steps have been taken as per the direction issued by this court, and it being a continuous process, the same is likely to take some time.

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In peculiar facts and circumstances of the case, the respondents are hereby directed to file a report of the steps taken till date, by the Commissioner, Guwahati Municipal Corporation.

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Such report shall be filed on or before 4^th August, 2022 showing the position at site as on 3^rd August, 2022.

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The matter be listed on 6^th August, 2022.”

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Pursuant to the said order dated 25.07.2022, the concerned respondents filed additional affidavit on 09.08.2022 and contended that as per the order dated 25.07.2022, the Special Committee consisting of 4 Members, appointed for the said purpose conducted a survey and submitted a detailed report dated 03.08.2022, wherein it has come on record that in some cases the bridges are required to be removed and new RCC bridges are required to be constructed. The said survey report also indicates that in some cases no rectification is required and in some cases rectification is required. It is also contended that in some areas the bridges/obstructions are required to be removed and new bridges are required to be constructed with new/required height to allow free flow of water. The report of the said committee also indicates, as rightly pointed out by the respondent authorities, that the removal and rectification and/or construction of new bridges is a continuous process.

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Mr. J. Chutiya, learned counsel for the respondent no. 5 and Mr. S. Bora, learned counsel for respondent nos. 1 and 8 have stated that if some reasonable time is granted then the authorities shall act as per the report of the said Committee and carry out the directions issued by the Coordinate Bench of this Court vide dated

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Page No.# 6/6

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24.08.2017, passed in PIL No. 18/2015.

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We have perused the additional affidavit dated 09.08.2022 along with the chart enclosed therewith, from which it clearly appears that the respondent authorities have initiated appropriate actions pursuant to the directions issued by this court in PIL 18/2015. However, much time has passed in the meantime and, therefore, the actions initiated by the authorities should be completed before the onset of the next monsoon.

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Learned counsels appearing for the respondents have stated that if six months’ further time is granted, the works shall be completed as per the report submitted in this proceeding.

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In the peculiar facts and circumstances of the case, we hereby grant time till 31.05.2023 to the respondent authorities to carry out the directions of this Court and to do the needful as indicated in the additional affidavit dated 09.08.2022.

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As noted hereinabove, as sufficient compliance is reported, we deem it fit close this contempt proceeding.

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The Contempt Petition stands disposed of accordingly.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Debendra Narayan Deka v. Monalisa Goswami and 3 Ors.

Case brief

What is this about?

What did the court decide?

Debendra Narayan Deka v. Monalisa Goswami and 3 Ors.

Case brief

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