High Court Appoints Advocate Commissioner To Inspect "Artificial Floods" In Assam District Due To Illegal Constructions Blocking Drains
Udit Singh
9 Sep 2024 4:53 AM GMT
The Gauhati High Court on Friday appointed Advocate Anjan Kalita as Commissioner for a fact finding enquiry into the allegation of creation of artificial floods in the Southern Kamrup district of Assam.
The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita was hearing a PIL which alleges that a few industrialists and real estate dealers acting in collusion and with the active connivance of government officials of the Revenue Department, have illegally blocked natural and man-made water channels, filled up low lying agricultural land and wet land in the Southern Kamrup district, thus creating artificial floods in that area
The contention of the petitioners was that due to illegal constructions raised by the respondents, natural flow of drain water in the Palasbari area has been blocked as a result of which, whenever, there is rain in that area, the residents of Palasbari are subjected to massive water logging problem, thus, posing enormous difficulties in their day-to-day life.
It was further contended that despite representations submitted before the authorities from time to time, no effective step has been taken in the matter till date so as to redress the grievance of the local residents. Thus, the petitioners prayed for a fact finding exercise and a Court appointed Commissioner should visit the area and submit a report.
“After hearing the submissions of learned counsel for both the parties, we are of the considered opinion that a fact finding enquiry, at the ground level, is necessary for a just decision of the controversy involved in this case. As such, with the consent of the contesting parties, we hereby appoint Shri Anjan Kalita, an Advocate practicing in this Court, as Commissioner, so as to conduct a physical inspection/verification of the area and submit a report,” the Court observed.
The Court directed that Advocate Anjan Kalita may visit the site and carry out necessary inspections, besides interacting with all the stakeholders including the petitioners, the private respondents and the departmental authorities with prior intimation and thereafter, submit a report.
The Court further asked the local administration and police administration to render necessary co-operation to the Advocate Commissioner in discharge of his duties entrusted by the Court.
“Respondent Nos. 6, 8, 9 and 10 are directed to pay an amount of Rs. 15,000/- each, to the Advocate Commissioner as remuneration for carrying out the inspection. Likewise, the nine writ petitioners shall also jointly pay an amount of Rs. 15,000/- in total to Mr. Kalita so as to partly cover the cost and his professional fees for carrying out the inspection. Both the parties are directed to deposit their respective amounts with the Advocate Commissioner within 7 (Seven) days from today,” the Court noted.
It was directed by the Court that the report by Mr. Kalita shall be submitted in a sealed cover before it.
The matter is listed again on September 30.
Case Title: Khanindra Kalita & 8 Ors. v. The State of Assam & 9 Ors.
Case No.: PIL/53/2023
