'Sorry State Of Affairs': Gauhati HC Laments 'Casual' Approach Of State In Plea Challenging Construction Of Amusement Park At Silchar

The Gauhati High Court recently pulled up Assam Government for filing an affidavit in a very casual manner, in an ongoing PIL filed by several persons being aggrieved with the decision of the Silchar Municipal Board allowing the private respondent Assam Progressive Developers Limited to set up an amusement park in the Gandhibag Park.

The division bench comprising the Chief Justice Vijay Bishnoi and Justice Suman Shyam remarked:

“It is a very sorry state of affairs that when this Court has directed the State Government to clarify its stand on the issue raised, an additional affidavit is filed on behalf of the State in a very casual manner. It is a serious matter where the authorities are taking the orders of this Court lightly or in a casual manner. On a pointed query made by us, learned counsel for the State has failed to satisfy this Court and also has not been able to clarify the stand of the State Government.”

The Court was hearing a PIL raising a grievance that with the set up of the amusement park in the Gandhibag Park, the nature of the park would be changed and it may be detrimental to the general public of the Silchar city.

The petitioners have also have contended that certain irregularities and illegalities have been committed by the Silchar Municipal Board while granting permission to the private respondents to set up the amusement park in the Gandhibag park.

Earlier, the Court vide order dated May 30, 2024 directed the State to clarify its stand in respect of the controversy involved. Thereafter, further opportunity was granted to the State to clarify its stand. Pursuant to that, an additional affidavit was filed on behalf of the Additional Secretary to the Government of Assam, Department of Housing and Urban Affairs, Secretary to the Government of Assam, Urban Development Department and Joint Secretary to the Government of Assam, Urban Development Department.

After perusing the said affidavit filed on September 05, 2024, the Court observed that instead of clarifying the stand of the State Government, the deponent has simply mentioned certain facts which are already brought on record by the respective parties.

“…..we are left only with the option to direct the State Government to file an elaborate affidavit to clarify its stand by the next date of hearing. We make it clear that if the State fails to clarify its stand on the issue, this Court will be forced to summon the Secretaries of the respective departments to appear before this Court,” the Court said.

Case Title: Arindam Deb & 3 Ors. v. The State of Assam & 10 Ors.

Case No.: PIL/17/2021

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