Gauhati High Court
Debendra Narayan Deka vs Monalisa Goswami And 3 Ors on 29 September, 2022
Page No.# 1/6
GAHC010262002018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/5/2019
DEBENDRA NARAYAN DEKA
S/O. LT. KRISHNA HARI DEKA, R/O. SWAHID DILIP HUJURI PATH,
SARUMATARIA, DISPUR, DIST. KAMRUP (M), GUWAHATI-781006.
VERSUS
MONALISA GOSWAMI AND 3 ORS.
THE COMMISSIONER, GUWAHATI MUNICIPAL CORPORATION,
GUWAHATI-01.
2:S.S MENAKSHI SUNDARAM, IAS
SECY. GUWAHATI DEVELOPMENT DEPTT.
GOVT. OF ASSAM, DISPUR, GUWAHATI.
3:VIRENDRA MITTAL, IAS
DEPUTY COMMISSIONER
KAMRUP (M), GUWAHATI-01.
4:RAJENDRA PRASAD DAS
SECY. WATER RESOURCE DEPTT.
DISPUR, GUWAHATI-01, ASSAM.
5:SRI UMANANDA DOLEY
SECRETARY TO THE GOVERNMENT OF ASSAM
GUWAHATI DEVELOPMENT DEPARTMENT
DISPUR, GUWAHATI-781006
6:SRI S. ABBASI
SECRETARY TO THE GOVT OF ASSAM
WATER RESOURCE DEPARTMENT
DISPUR, GUWAHATI-781006
7:SRI PALLAV GOPAL JHA
DEPUTY COMMISSIONER
Page No.# 2/6
KAMRUP(M), GUWAHATI-781001
8:SRI DEBASISH SARMA
COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR, GUWAHATI-78100
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : GA, ASSAM
Linked Case : I.A.(Civil)/1767/2021
DEBENDRA NARAYAN DEKA
S/O. LT. KRISHNA HARI DEKA
R/O. SWAHID DILIP HUJURI PATH
SARUMATARIA
DISPUR, DIST. KAMRUP (M)
GUWAHATI-781006.
VERSUS
MONALISA GOSWAMI AND 3 ORS.
THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
GUWAHATI 1
2:S.S MENAKSHI SUNDARAM, IAS
SECY. GUWAHATI DEVELOPMENT DEPTT.
GOVT. OF ASSAM
DISPUR, GUWAHATI.
3:VIRENDRA MITTAL, IAS
DEPUTY COMMISSIONER
KAMRUP (M), GUWAHATI-01.
4:RAJENDRA PRASAD DAS
SECY. WATER RESOURCE DEPTT.
DISPUR, GUWAHATI-01
ASSAM.
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. S. BORAH appearing for MONALISA GOSWAMI AND 3 ORS.
Linked Case : I.A.(Civil)/2125/2022
DEBENDRA NARAYAN DEKA
Page No.# 3/6
S/O. LT. KRISHNA HARI DEKA
R/O. SWAHID DILIP HUJURI PATH
SARUMATARIA, DISPUR
DIST. KAMRUP (M)
GUWAHATI-781006.
VERSUS
MONALISA GOSWAMI AND 3 ORS.
THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
GUWAHATI-01.
2:S.S MENAKSHI SUNDARAM, IAS
SECY. GUWAHATI DEVELOPMENT DEPTT.
GOVT. OF ASSAM
DISPUR, GUWAHATI.
3:VIRENDRA MITTAL, IAS
DEPUTY COMMISSIONER
KAMRUP (M), GUWAHATI-01.
4:RAJENDRA PRASAD DAS
SECY. WATER RESOURCE DEPTT.
DISPUR, GUWAHATI-01, ASSAM.
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. S BORA appearing for MONALISA GOSWAMI AND 3 ORS.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 29.09.2022
Heard Mr. R. Goswami, learned counsel appearing for the petitioner. Also
heard Mr. J. Chutiya, learned counsel appearing for respondent no. 5; Ms. J.
Gogoi, learned counsel for respondent no. 6 and Mr. S. Bora, learned counsel
appearing for respondent nos. 1 and 8.
The present application is filed under Article 215 of the Constitution of India read
Page No.# 4/6
with Section 12 of the Contempt of Court Act, 1971 relates to non-compliance and
alleged wilful disobedience of the judgment and order dated 24.08.2017 passed by the
Coordinate Bench of this Court in PIL No. 18/2015.
The issue involved in this application is regarding free flow of water of Bahini
River, which flows through the city of Guwahati. In PIL 18/2015, it was brought to the
notice of this Court by the public interest litigant that because of many bridges illegally
constructed along the course of the Bahini River the width of the river has narrowed
down which has adversely affected the free flow of water as a result of which the
internal drainage and channels are flooded with water drowning the entire city of
Guwahati and, therefore, maintenance of the width and depth of the said river is
essential for controlling the flood caused by the river Bihini.
The Secretary to the Government of Assam, Guwahati Development Department,
vide order dated 17.06.2008, directed the Guwahati Municipal Corporation to take
immediate steps in the matter and, based upon the said order passed by the Secretary
to the Government of Assam, Guwahati Development Department, the Coordinate
Bench of this Court disposed of the aforesaid Public Interest Litigation (PIL 18/2015)
vide order dated 24.08.2017 directing the competent authorities of the State of Assam
to execute the aforesaid order dated 17.06.2008 without any further delay, and also
gave specific direction to remove all illegally constructed bridges after following due
process of law.
Mr. R. Goswami, learned counsel for the original applicant has submitted that
during the pendency of this Contempt Petition the sole petitioner has expired.
However, as the contempt arises out of an order passed in a Public Interest Litigation,
which is between the Court and the respondents, the proceedings of this contempt
proceeding may be directed to be proceeded.
During the course of hearing of this Contempt Application, this court passed the
following order on 25.07.2022:
Page No.# 5/6
"Heard Mr. R. Goswami, learned counsel for the petitioner. Also
heard Mr. D. Saikia, learned Advocate General, Assam, assited by Mr. S.
Bora, leaned Standing counsel, Guwahati Municipal Corporation for
respondent nos. 1 and 2; and Mr. B. Chowdhury, learned counsel for
respondent no. 4.
Learned Advocate General states that steps have been taken as per
the direction issued by this court, and it being a continuous process, the
same is likely to take some time.
In peculiar facts and circumstances of the case, the respondents are
hereby directed to file a report of the steps taken till date, by the
Commissioner, Guwahati Municipal Corporation.
Such report shall be filed on or before 4 th August, 2022 showing the
position at site as on 3rd August, 2022.
The matter be listed on 6th August, 2022."
Pursuant to the said order dated 25.07.2022, the concerned respondents filed
additional affidavit on 09.08.2022 and contended that as per the order dated
25.07.2022, the Special Committee consisting of 4 Members, appointed for the said
purpose conducted a survey and submitted a detailed report dated 03.08.2022,
wherein it has come on record that in some cases the bridges are required to be
removed and new RCC bridges are required to be constructed. The said survey report
also indicates that in some cases no rectification is required and in some cases
rectification is required. It is also contended that in some areas the
bridges/obstructions are required to be removed and new bridges are required to be
constructed with new/required height to allow free flow of water. The report of the
said committee also indicates, as rightly pointed out by the respondent authorities,
that the removal and rectification and/or construction of new bridges is a continuous
process.
Mr. J. Chutiya, learned counsel for the respondent no. 5 and Mr. S. Bora, learned
counsel for respondent nos. 1 and 8 have stated that if some reasonable time is
granted then the authorities shall act as per the report of the said Committee and
carry out the directions issued by the Coordinate Bench of this Court vide dated
Page No.# 6/6
24.08.2017, passed in PIL No. 18/2015.
We have perused the additional affidavit dated 09.08.2022 along with the chart
enclosed therewith, from which it clearly appears that the respondent authorities have
initiated appropriate actions pursuant to the directions issued by this court in PIL
18/2015. However, much time has passed in the meantime and, therefore, the actions
initiated by the authorities should be completed before the onset of the next
monsoon.
Learned counsels appearing for the respondents have stated that if six months'
further time is granted, the works shall be completed as per the report submitted in
this proceeding.
In the peculiar facts and circumstances of the case, we hereby grant time till
31.05.2023 to the respondent authorities to carry out the directions of this Court and
to do the needful as indicated in the additional affidavit dated 09.08.2022.
As noted hereinabove, as sufficient compliance is reported, we deem it fit close
this contempt proceeding.
The Contempt Petition stands disposed of accordingly.
JUDGE CHIEF JUSTICE
Comparing Assistant
