Gauhati High Court Directs PWD To Stop Construction Activities, Earth Filling In Fresh Water Lake Deepor Beel
The Gauhati High Court recently directed the Public Works Department (PWD) to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of a PIL on the issue.The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL regarding the protection of the...
The Gauhati High Court recently directed the Public Works Department (PWD) to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of a PIL on the issue.
The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL regarding the protection of the Deepor Beel, which is a very important water body being a freshwater lake in the Guwahati City and is also a Ramsar site.
During the hearing, the Counsel appearing for the Public Works Department (PWD) submitted that an affidavit has been filed pursuant to the direction given by the Court on July 29, 2024, wherein it was mentioned that some earth filling and other construction activities are being carried out in the Deepor Beel area and, in relation to that, the Guwahati Metropolitan Development Authority (GMDA) has already raised concern with the Chief Engineer, PWD.
It was further submitted that, the Executive Engineer, PWD (Roads) has communicated that since the project is not covered under the EIA Notification of 2006, there is no requirement for seeking environment clearance and clearance from the Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife, Assam.
It is also submitted that the earth filling or other construction activities are being carried out for the proposed project of elevated corridor near Dharapur Tiniali.
The PWD's Counsel, on instructions, submitted that since the project for which the earth filling and other construction activities are carried out is now cancelled, therefore, temporary earth filling and other activities will be stopped very soon. It was stated that as per his instructions, around six to eight weeks will be required for removing the temporary earth filling and other construction activities.
“Taking into consideration the above submissions made by Mr. Nayak, we direct the Public Works Department to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of this case,” the Court said.
The Court further directed the registry to verify and place on recor, whether any suo moto PIL has been registered or not, in pursuant to the Supreme Court's directions to certain High Courts vide order dated December 11, 2024, passed in WP(C) No.304/2018.
The Apex Court in the above mentioned order High Courts are requested to treat the affidavit filed in the above-referred writ petition filed by Dr. A. Duraisamy, Scientist 'F' and Member Secretary, Central Wetland Regulatory Authority as a Suo Moto PIL where an Amicus be appointed, if necessary, to assist the Court and ensure that the RAMSAR Sites within their jurisdiction are properly maintained.
Case Title: Pramod Kalita & 2 Ors. v. The Union of India & 17 Ors.
Case No.: PIL/18/2023
