Gauhati High Court
Page No.# 1/4 vs Hemanta Narzary And Anr on 11 January, 2021
Page No.# 1/4
GAHC010106992018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/240/2018
TAZUDDIN AHMED AND 2 ORS.
S/O LATE AINUDDIN AHMED, R/O VILLAGE HARIPUR, PO- BAHARI HAT,
DIST. BARPETA, ASSAM, PIN-781302
2: HASHIM ALI
S/O LATE TAMEZUDDIN
R/O VILLAGE BAHARI MUSLIM
PO- BAHARI HAT
DIST. BARPETA
ASSAM PIN-781302
3: SAHJAHAN ALI SIKDER
S/O LATE ABDUL KARIM SIKDAR
R/O VILLAGE HARIPUR
PO- BAHARI HAT
DIST. BARPETA
ASSAM PIN-78130
VERSUS
HEMANTA NARZARY AND ANR.
PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF WATER
RESOURCES, DISPUR, GUWAHATI-6
2:BORSING RONGPI
THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
GOVT. ASSAM CHANDMARI
GUWAHATI-
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : MR. B GOSWAMI
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BEFORE
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
11.01.2021
(Sudhanshu Dhulia, C.J.)
Heard Mr. AR Sikdar, learned counsel for the petitioners and Mr. BD Goswami, learned
counsel for the respondent No.2.
2. This is a contempt petition filed by the petitioners. The case before this Court is that
there has been deliberate and willful disobedience of the judgment and order dated
29.05.2017 passed by this Court in PIL NO.33/2013 on the part of the respondents. In the
said PIL in which the aforesaid order was passed, the petitioners had brought to the notice of
the Court the erosion caused by Brahmaputra river in Bahari, Pazarbhanga and other
adjoining areas of South Eastern part of Barpeta district and sought certain relief from this
Court. This Court while deciding the PIL has passed the following directions:-
"xxxxx
14. On due consideration, we are of the view that it would be just and proper
to close the PIL by issuing the following directions:-
(1) Chief Engineer, Water Resources Department, Government of Assam shall co-
ordinate with the Central Water Commission and the members of the Committee
constituted by this court on 11.03.2016 to finalize the 2 schemes for protection
of Bahari, Phulbari, Bhogerpar and adjoining areas from erosion and thereafter to
commence execution of the 2 schemes to combat the problem of erosion in the
said area. Central Government, Technical Advisory Board, Brahmaputra Board,
Central Water Commission and all other authorities shall extend full cooperation
to the Chief Engineer, Water Resources Department to finalize the aforesaid 2
schemes which in any case shall be finalized within a period of 6(six) months
from today.
(ii) In the meanwhile, present scheme which is being undertaken should be
carried out with proper monitoring by the Chief Engineer, Water Resources
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Department, Government of Assam.
(iii) Chief Engineer, Water Resources Department, Government of Assam shall
inform the petitioners about the action taken against the erring officials and
contractors within a period of 3(three) months from today. If the petitioners are
aggrieved, or not satisfied with the action taken by the State against the erring
officials and contractors, it would be open to the petitioners to approach the
competent authority with their grievance for taking necessary steps in
accordance with law.
(iv) Government of Assam in the Water Resources Department shall forward
necessary proposal to the Relief and Rehabilitation Department, Government of
Assam to consider inclusion of erosion as a natural calamity/disaster as well as
for inclusion of erosion affected people as disaster affected people for grant of
relief and other forms assistance by the Government.
xxxxxxxx"
3. As per the petitioners' instruction, directions of the Division Bench are not being
followed and hence, this contempt petition has been filed.
4. The case of the respondent No.2 is that they have already done their part on the
instructions given by the Division Bench. They have complied with the order. They have
brought to the notice of the Central Water Commission the steps taken by them and now, it is
for the Central Water Commission to comply with the rest of the directions contained in the
order dated 29.05.2017. If the Central Water Commission has not complied with the order,
they cannot be held for contempt.
5. Though Union of India represented by the Ministry of Water Resources, New Delhi and
the Brahmaputra Board were made party in the PIL, however, none of the officers from the
said authorities has been made party in this contempt petition. We are satisfied with the
counter affidavit filed before this Court on behalf of respondent No.2.
6. We must record that the directions of the Division Bench have not been followed in its
letter and spirit. But, the person or the authority who has not complied with the directions,
has not been made a party. Therefore, though we dismiss this contempt petition, the
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dismissal will not prejudice the case of the petitioners to bring to the notice of this Court in a
fresh writ petition the existing grievances of the petitioners, particularly, in view of the fact
that in the order of the Division Bench itself, it has been left open for the petitioners to
approach the 'competent authority' with the grievance for taking necessary steps in
accordance with law, in case the orders are not properly implemented.
7. This contempt petition is dismissed. Notices are hereby discharged.
JUDGE CHIEF JUSTICE
Comparing Assistant
