Gauhati High Court
Vill- Kismat Hasdaha vs The Union Of India And 14 Ors on 5 May, 2022
Page No.# 1/18
GAHC010083552021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/53/2021
HARENDRA NATH ROY AND 53 ORS.
1. S/O- LATE PRAN KISTA ROY, VILL- DEBOTTAR HASDAHA PART-IV, P.O.-
KISMAT HASDAHA, DIST- DHUBRI (ASSAM), PIN- 783334.
2: NAYAN BALA ROY
W/O- HARENDRA NATH ROY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
3: UPENDRA NATH ROY
S/O- LT. MANDAL ROY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
4: MUKENDRA NATH ROY
S/O- LT. MANDAL ROY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
5: CHANDRA SHEKHAR ROY
S/O- LT. KAMALESH CH. ROY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
6: ALOK KUMAR ROY
S/O- LT. KAMALESH CH. ROY
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VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
7: URMILA BALA RAY
W/O- ANIL CH. RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
8: RAMBHA BATI RAY
W/O- MADHAB CHANDRA RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
9: HITESH CHANDRA RAY
S/O- HARENDRA NATH RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
10: DIBAKAR RAY
S/O- HARENDRA NATH RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
11: DHIRENDRA NATH RAY
S/O- LT. DIPCHAND RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
12: BINA BALA RAY
S/O- JAY MADHAB RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
13: MADHU BALA RAY
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W/O- LT. TARANI KANTA RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
14: MANEKA BALA RAY
W/O- NALU RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
15: BINDA BALA RAY
W/O- HAIRAN RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
16: RANGMALA RAY
W/O- APU RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
17: SONEKA BALA RAY
W/O- POBITRA KUMAR RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
18: NANI BALA BAISNABI
W/O- LT. UPAKANTA BAISNAB
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
19: BIRENDRA NATH RAY
S/O- LT. DIPCHAND RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
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20: KETI BALA RAY
W/O- TEPU RAY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
21: FATEMA KHATUN
W/O- LT. HAMID ALI MONDAL
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
22: KHIROD BALA RAY
W/O- LT. NIL KANTA
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
23: PINTU RAY
1. S/O- LT. JAGADISH RAY
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
24: ANJUMA BIBI
W/O- RAFIQUL ISLAM
VILL- DEBOTTAR HASDOHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
25: SAPIRA BIBI
W/O- KHALILUR RAHMAN
ILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
26: MAMINA BIBI
W/O- LT. MOBARAK ALI
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VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
27: SABI BEWA
W/O- LT. MANDU SK.
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
28: MAMTAZ BEWA
W/O- LT. NUR MAHAMMAD
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
29: AKHERJAN BEWA
W/O- LT. ABDUL JABBAR SKK.
VILL- DEBOTTAR HASDOHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
30: GOLEBAN BEWA
W/O- MOSLEM ALI
VILL- DEBOTTAR HASDOHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
31: SAKINA BIBI
W/O- MAMER ALI
VILL- DEBOTTAR HASDOHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
32: LOKMAN ALI
C/O- LT. MOBARAK ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
33: AZIZUR RAHMAN
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C/O- LT.. MOBARAK ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
34: BIMALI SHIL
W/O- SACHIN CHANDRA SHIL
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
35: SAKINA BIBI
W/O- JAMSER ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
36: KABIZAN BEWA
W/O- LT. JAHIRUDDIN
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
37: SAPIYA BIBI
W/O- KACHIMUDDIN SK.
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
38: JAMENA BIBI
W/O- LT. JAMIRUDDIN SK.
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
39: ASIRAN BIBI
W/O- DELBAR ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
Page No.# 7/18
40: MAHIRAN BEWA
D/O- LT. SAHAR ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
41: SABURA BIBI
W/O- ABDULLA SALIM
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
42: BULLI BIBI
W/O- LT. ABDUS SALAM
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
43: PARBIN SULTANA
1. W/O- SAHIDUR RAHMAN
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
44: SAHERA BIBI
W/O- LT. ABDUL SALAM
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
45: MAJIYA BIBI
W/O- SANOWAR ALI
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
46: ASIRAN BIBI
Page No.# 8/18
W/O- DELDAR ALI
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
47: SAKITAN BEWA
W/O- LT. SAMSUL HOQUE
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
48: SAPIYA BIBI
W/O- BASSU SK.
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
49: MAJIA BIBI
W/O- LT. MAZIBAR RAHMAN
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
50: JAYTUN NESSA
W/O- EYACHIN ALI
VILL- KISMAT HASDAHA
PART-III
P.O.- KISMAT HASADAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
51: SAHABUDDIN SK.
S/O- MANDU SHEKH
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
52: MANJILA BIBI
W/O- GOLAP IDDIN
VILL- DEBOTTAR HASDAHA PART-IV
Page No.# 9/18
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
53: RAFIQUL ISLAM
S/O- PANIULLAH SHEKH
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 783334
54: DINO NATH RAY
S/O- LATE MANMOHAN ROY
VILL- DEBOTTAR HASDAHA PART-IV
P.O.- KISMAT HASDAHA
DIST- DHUBRI (ASSAM)
PIN- 78333
VERSUS
THE UNION OF INDIA AND 14 ORS.
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAY AUTHORITY OF INDIA,
NEW DELHI-110075
2:THE NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN
H.Q.G5 AND 6
LOCATION SECTOR-10
DWARKA
NEW DELHI-110075.
3:THE REGIONAL DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA
REGIONAL OFFICE
NEDFI HOUSE
4TH FLOOR
G.S.
ROAD
DISPUR
GUWAHATI-781006.
4:THE GENERAL MANAGER (PROJECT)
BRANCH OFFICE- NATIONAL HIGHWAY AND INFRASTRUCTURE
DEVELOPMENT CORPORATION
SARAJ TOWER. 1ST FLOOR
OPPOSITE DON BOSCO HIGH SCHOOL
N.H. 37(A)
Page No.# 10/18
TEZPUR-784001
DISTRICT SONITPUR
ASSAM
5:THE DEPUTY GENERAL MANAGER (P)
NHIDCL
BO- DHUBRI
PIN- 783301
6:THE EXECUTIVE DIRECTOR (PROJECT)
REGIONAL OFFICE GUWAHATI
7:THE STATE OF ASSAM
THROUGH
THE SECRETARY TO THE GOVERNMENT OF ASSAM
PWD (ROADS)
DISPUR
GUWAHATI-781006
8:THE JOINT SECRETARY
TO THE GOVERNMENT OF ASSAM
REVENUE AND D.M. (LR) DEPARTMENT
DISPUR
GUWAHATI-06
9:1. THE DEPUTY COMMISSIONER
DHUBRI
DIST-DHUBRI
PIN- 783301
10:1. THE ADDL. DEPUTY COMMISSIONER AND LAND ACQUISITION
OFFICER
DHUBRII
PIN-783301
11:THE SUPERINTENDENT OF POLICE
DHUBRI
DISTRICT-DHUBRI
ASSAM
PIN-783301
12:THE CHIEF ENGINEER
PWD (ROADS)
DHUBRI
PIN- 783301
13:THE EXECUTIVE ENGINEER
PWD (ROADS) DHUBRI DIVISION
Page No.# 11/18
DIST- DHUBRI
ASSAM
PIN-783301
14:THE SETTLEMENT OFFICER
DHUBRI DISTRICT
DHUBRI
PIN-783301
15:THE ASSTT. SETTLEMENT OFFICER
DHUBRI
DHUBRI REVENUE CIRCLE
DHUBRI
PIN-78330
Advocate for the Petitioner : MR. A DAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
For the Petitioners : Mr. A. Das, Advocate
For the Respondents : Ms. R. Borah, SC, NHAI,
(For respondent Nos. 1 to 6)
: Mr. B. Choudhury, SC, PWD,
(For respondent Nos. 7, 12 & 13)
: Ms. N. Bordoloi, SC, Revenue Dept.
(For respondent No. 8)
: Ms. M. Bhattacharjee, Sr. Govt. Advocate
(For respondent Nos. 9, 10, 11, 14 & 15)
Date of Hearing : 07.03.2022
Date of Order : 05.05.2022
Page No.# 12/18
JUDGMENT & ORDER (CAV)
(Soumitra Saikia, J)
1. This PIL is filed by the villagers of Kismat Hasdaha Part-II, III and
Debottar Hasdaha Part- IV. These villagers claim to be the cultivators and
social workers. The grievance of the petitioners raised before this Court by
way of PIL is directed towards the change/alteration of the alignment of a
portion of the National Highway No. 127(B) from its original alignment. The
petitioners represented before the Deputy Commissioner, Dhubri and the
National Highway Authorities. However, their representations not being
attended to, the petitioners have approached this Court by filing the instant
PIL seeking Writ in the nature of Mandamus and/or any other appropriate
Writ, Order or Direction, directing the respondents not to divert the scheme
of National Highway No. 127(B) from the earlier survey conducted in the year
2012 which if permitted will cause heavy loss and injury to the General Public
including the villagers of Kismat Hasdaha Part-II, III and Debottar Hasdaha
Part- IV. A further prayer made suspending for all operations of the
respondents in connection with a diversion of alignment of National Highway
No. 127(B) from the bridge of Shulibhangi to Dhelkhowa.
2. The National Highway Authorities, pursuant to a survey conducted in
the year 2012 for construction of National Highway No. 127(B) demarcated
the portion/area through which the National Highway was proposed to be
constructed. The said area was earlier maintained by Assam PWD (NH
Works), Government of Assam. Thereafter vide Gazette Notification bearing
No. S.O.3866 (E) dated 08.12.2017, the stretch of National Highway No.
127(B) was handed over to the National Highway Authority. A feasibility of
Page No.# 13/18
study was conducted through the Consultant Company, CE Testing Company
Private Limited in the year 2015, feasibility Study/preparation of the DPR.
The feasibility study conducted two alignments in the particular area in
question;
Alignment Option I- Newly proposed Bypass Alignment.
Alignment Option- II Follow the existing National Highway.
3. The comparative study between the Alignment Option- I (Newly
proposed Bypass Alignment) and Alignment Option-II (Follow the existing
National Highway) as submitted by the DPR Consultant, is available in the
affidavit filed by the NHIDCL is extracted below for convenience:-
Particulars Alignment Option-I Alignment Option-
(Newly proposed Bypass II (Follow the existing
Alignment) National Highway)
Length 1.840 Km 1.850 Km
Design Speed 80 kmph to 100 kmph 65 kmph to 80 kmph
Social Impact 6 nos of hutment 56 nos of commercial
and structures and 1 no of
Rehabilitation Mosque
& Resettlement
Cost (Rs.) 18 Cr. 22 Cr.
Merit/Demerits · Length is minimum · Future widening
compare to Option-II is difficult
· Less Rehabilitation & · Rehabilitation &
Resettlement as only 6 Resettlement effect
nos of hutment is maximum as 56
structure is affected. nos of commercial
structures and 1 no
· Entire green field
of Mosque is
alignment. Therefore,
affected.
construction process will
be quick and easier than · Religious structure
Page No.# 14/18
Option-II. is to be affected.
· During
construction traffic
management is
difficult.
4. Some of the local residents submitted a representation before the
Deputy Commissioner, Dhubri for realignment of the proposed National
Highway No. 127(B) i.e. Alignment Option-II through the existing National
Highway at the portion of Kalarhat Panchayat. The said stretch of National
Highway was with the Assam Public Works Department (NH Works),
Government of Assam. However on or upon comparative study conducted by
the DPR Consultant, the authority decided to proceed with the Alignment
Option-I (Newly proposed Bypass Alignment). The decision was taken in a
review meeting dated 05.10.2017 and the same was conveyed to the
Director General (Road Development) and Special Secretary, Government of
India MORT&H, New Delhi vide communication dated 11.12.2017 (A copy of
the same is available at Annexure-5 to the affidavit-in-opposition filed by the
NHIDCL). Thereafter, representation was received by the Deputy
Commissioner, Dhubri dated 04.09.2018 submitted by some of the villagers
regarding the change of alignment of the National Highway No. 1217(B). The
villagers represented that the proposed constructions of the National
Highway No. 127(B) should be as per the Alignment Option-II (Follow the
existing National Highway). This application was forwarded to the NHIDCL
who however justified construction of the proposed the National Highway No.
127(B) through the Alignment Option-I. The Assistant Settlement Officer in
its communication dated 27.08.2019 addressed to the Deputy Commissioner,
Dhubri informed that after physical verification of the area for the newly
proposed alignment of National Highway No. 127(B) on 27.10.2018 along
Page No.# 15/18
with SDO (Sadar), Magistrate and Engineers of the Consultants, Newly
submitted alignment (approved) was selected. Accordingly, the authorities
concerned approved the new alignment i.e. Alignment Option- I for
construction of that portion of the National Highway No. 127(B).
5. A counter-affidavit was filed on behalf of respondent Nos. 1, 4, 5 and 6.
It is averred that the National Highway Authorities on the basis of the
feasibility study and the detailed projected report prepared, selected the
alignment of the proposed construction to be made through the alignment
Option- I (Newly proposed Bypass Alignment). The State respondents
through the Deputy Commissioner, Dhubri also took a similar stand
supporting the contention of the NHIDCL that the proposed construction is to
be made by following alignment option-I (Newly proposed Bypass
Alignment). The said contentions are disputed by the petitioners, their reply
affidavit contending that the reasons cited by the NHIDCL and the State
Authorities of existence of Kabarsthan and Temple etc. are not supported in
revenue maps and drawings. The petitioners allege that the change of
alignment from alignment Option-II to the Alignment Option-I is at the
behest of the private contractor and other interested parties for their
personal gains and which in turn is likely to cause loss to the public
exchequer and to the Government. It is, therefore, contended that the
change of Alignment from Alignment Option-II to Alignment Option-I is
arbitrary and colorable and should not be permitted.
6. We have heard the learned counsels for the parties. We have also
carefully perused the pleadings on record. From the chart extracted above, it
is seen that the respondents have taken decision to change from Alignment
Option-II to Alignment Option-I because of several reasons.
Page No.# 16/18
7. From a perusal of the chart, it is seen that in Alignment Option-I there
is a requirement of re-settlement/rehabilitation for only 6(six) hutment.
Whereas under Alignment Option-II, there are 56 numbers of commercial
structures and one number of Mosque which will require rehabilitation/re-
settlement. The cost projected under Alignment Option-I is Rs.18 Crore as
compared to Rs.22 Crore under Alignment Option-II. That apart, the other
merits and demerits brought out by the respondents are that under
Alignment Option-I the length is minimum as compared to Alignment Option-
II. The Alignment Option-I is entirely green field alignment and, therefore,
construction process will be quicker and easier than Alignment Option-II. It is
further mentioned that under Alignment Option-II, the respondents have
stated that there is difficulty in respect of future widening and during the
construction, traffic management would be difficult (as Alignment Option-II is
through the existing National Highway).
8. The petitioners have not contended that the grounds for change of the
Alignment from Alignment Option-II to Alignment Option-I are unfounded
and non-existent. The petitioners contend that the entire change of
alignment is only because of the vested interests of one- Ibrahim Ali Sk
whose cellular phone tower erected over his land is likely to be
affected/demolished, if the proposed construction is made through Alignment
Option-II. The petitioners contend that it is only to protect the vested
interests of Ibrahim Ali Sk that the respondents have shifted from Alignment
Option-II to Alignment Option-I. The petitioners also contend that certain
pillars were fixed to demarcate the area through which the proposed
constructions was to be made as per Alignment Option-II and there was no
complaint from any person at that point in time. As such, it is evident that
the subsequent change of alignment option is only to protect vested interests
Page No.# 17/18
of some persons and, therefore, not in public interests. The petitioners also
dispute the averment of the respondents regarding the existence of any
Mosque in the area covering Alignment Option-II.
9. The petitioners have in their reply affidavit made some suggestions as
to how the proposed constructions is to be made by following Alignment
Option- II by offering some technical suggestions in respect of proposed
constructions of bypass. They have also alleged mala fide and vested
interests of one- Ibrahim Ali Sk and that the departmental authorities are in
league with some private individuals including the said Ibrahim Ali Sk in
shifting the alignment of the proposed construction from Alignment Option-II
to Alignment Option- I. However, it is seen that the said Sri Ibrahim Ali Sk or
other persons against whom the allegations are made have not been arrayed
as party respondent in the present proceedings. That apart, the allegations
made are not supported by any credible materials which can be referred to.
The technical suggestions offered by the petitioners, whether feasible or not,
is not within the competence of this Court to decide and it would be in the
interest of all concerned to leave such technical details to be decided by the
respondents authorities and the experts responsible for undertaking the
construction. It is also further grievance of the petitioners that the
representations submitted by the petitioners before the Deputy
Commissioner, Dhubri has not been attended to adequately.
10. In view of the above discussions, we do not find any merit in the
prayers made in the PIL and, therefore, we decline to issue any specific
directions to the respondents in terms of the prayers made. Since, the
petitioners contend that they have also ventilated their grievances by
representations before the Deputy Commissioner, Dhubri and which has not
been attended to, we give liberty to the petitioners to approach the Deputy
Page No.# 18/18
Commissioner, Dhubri for their grievance. If such a representation is filed
within 15(fifteen) days from the date of this order, the Deputy Commissioner,
Dhubri will decide on the representations filed after giving adequate
opportunities of hearing to the petitioners and all other affected and
connected parties and thereupon pass a speaking order in the said
representation.
11. A copy of the order passed by the Deputy Commissioner, Dhubri should
also be furnished to the petitioners.
12. This PIL is disposed of in terms of the above. Costs easy.
JUDGE CHIEF JUSTICE
Comparing Assistant
