Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 5 Ors on 6 November, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/7
GAHC010010402021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/313/2021
HAREN DUTTA AND 10 ORS
S/O- LT. PUHIRAM DUTTA, VILL- PAHUMARA, P.O. PAHUMARA, P.S. NORTH
LAKHIMPUR, DIST.- LAKHIMPUR, PIN- 787031
2: KUMUD DUTTA
S/O- LT. KALIRAM DUTTA
VILL- PAHUMARA
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
3: JAGAT CHETRY @ JAGAT BAHADUR CHETRY
S/O- LT. GHANASHYAM CHETRY
VILL- PAHUMARA
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
4: UTTAM GOGOI
S/O- LT. BHOLANATH GOGOI
VILL- PAHUMARA
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
5: DILIP GOGOI
S/O- LT. BHOLANATH GOGOI
VILL- PAHUMARA
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
Page No.# 2/7
PIN- 787031
6: AJIT SAIKIA
S/O- LT. DEHIRAM SAIKIA
NAKARI
WARD NO.-
P.O. LAKHIMPUR
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
7: KHIRA SAIKIA
D/O- LT. DEHIRAM SAIKIA
W/O- SRI BIMAL CH. SAIKIA
NAKARI WARD NO. 5
P.O. LAKHIMPUR
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787001
8: MINEDHAR KONWAR
S/O- LT. LAKHINDAR KONWAR
VILL- BAMUNDOLONI
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
9: DHANESWAR TAMULI PHUKAN
S/O- LT. MUKUTA TAMULI PHUKAN
BIJAYNAGAR
WARD NO. 14
P.O. KHELMATI
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
10: MRIDUL DUTTA
S/O- LT. NAGEN DUTTA
VILL- PAHUMARA
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 787031
11: GULAP CHAND MALLAH @ GULAB CHAND MALLAH
S/O- LT. RAMADHAR MALLAH
VILL- PAHUMARA
Page No.# 3/7
P.O. PAHUMARA
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
PIN- 78703
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE AND DM (LR) DEPTT.
DISPUR
GHY
KAMRUP (M)
ASSAM
PIN- 781006
3:THE COLLECTOR/DY. COMMISSIONER
DIST.- LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
PIN- 787001
4:THE ADDL. DY. COMMISSIONER
DIST.- LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
PIN- 787001
5:THE CIRCLE OFFICER
REVENUE CIRCLE
NOWBOICHA
NOWBOICHA
DIST.- LAKHIMPUR
ASSAM
PIN- 787031
6:THE MOUZADAR
NOWBOICHA MOUZA
NOWBOICHA
DIST.- LAKHIMPUR
ASSAM
PIN- 78703
Advocate for the Petitioner : MR. C BARUAH, MS A DEURI,MR A BORUAH,MR. R BORO
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
Page No.# 4/7
Linked Case : WP(C)/4925/2020
SATAJAN MEENPALAN O UDDYAN KHETRA
HAVING OFFICE AND PLACE BUSINESS AT VILL. AND P.O. PAHUMARA
DIST. LAKHIMPUR
ASSAM
PIN-787031
REP. BY ITS GENERAL SECRETARY SRI UTTAM KUMAR GOGOI.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY CHIEF SECRETRY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEALD OF
FOREST FORCE
ASSAM
REHABARI
GUWAHATI.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE)
ASSAM
BASISTHA
GUWAHATI-781029.
4:THE DIVISIONAL FOREST OFFICER
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM.
5:THE DY. COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM.
6:THE DISTRICT FISHERIES DEVELOPMENT OFFICER
Page No.# 5/7
NAOBOISA DEVELOPMENT BLOCK
DIST. LAKHIMPUR
ASSAM.
7:THE OFFICER IN CHARGE
CHILANIBARI POLICE STATION
DIST. LAKHIMPUR
ASSAM
PIN-787031.
------------
Advocate for : MR. C BORUAH
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
06.11.2024
Heard Mr. C. Baruah, learned counsel for the petitioners and Mr. B.J. Talukdar, learned
senior counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent nos. 3, 4 & 5 in
W.P.[C] no. 313/2021 and for the respondent nos. 1, 5, 6 & 7 in W.P.[C] no. 4925/2020.
2. The genesis of both the writ petitions is traceable to a Judgment and Order dated
16.02.2010 passed in PIL no. 6 of 2007 [Shri Uday Shankar Hazarika vs. the State of Assam
and others] wherein the petitioner in W.P.[C] no. 4925/2020 was respondent no. 7. The
subject-matter of the PIL was few contiguous parcels of land, which is treated to be a natural
waterbody known as 'Satajan'. It was stated therein that the waterbody consisted of Railway
Reserve lands, Government khas lands, Periodic Patta lands and Annual Patta lands. In the
PIL, the Chief Conservator of Forest [Wildlife] and the Commissioner & Secretary to the
Government of Assam, Forest Department, in their respective affidavits, had taken a stand to
protect and conserve the ecosystem of the site, Satajan and it was averred that it would be
desirable that fishing in the site should be prohibited by law and the same be constituted into
a Bird Sanctuary/Community Reserve under the provisions of Section 36[C] of the Wildlife
Page No.# 6/7
[Protection] Act, 1972.
3. The PIL was disposed of with the following directions :-
10. Keeping in view the facts noticed above and the provisions of the Act referred
to above, we are of the opinion that in the said facts it would be appropriate to
direct the appropriate authority in the State Govt. to take a decision with regard to
constitution of Bird Sanctuary/Community Reserve in the water body in question
and if such a decision is taken, to implement the same by strict adherence to the
provisions of the Act. It is our considered view that beyond the above no further
directions will be called for in this PIL.
11. The PIL shall be disposed of in the above terms.
4. Thus, after disposal of the PIL in the aforesaid terms, it was incumbent on the part of
the State respondents to take a decision as to whether the site [water body] would be
converted to a Bird Sanctuary/Community Reserve.
5. In the affidavit-in-opposition filed by the District Commissioner, Lakhimpur [the
respondent no. 3] in W.P.[C] no. 313/2021, it has been stated that as regards compliance of
the direction of the order dated 16.02.2010 [supra], the matter was referred to the Forest
Department and the Chief Wildlife Warden, Assam vide Office Order no. 99 dated 31.03.2022,
has constituted a Committee of Experts to investigate into the matter relating to proper
preservation of Satajan Waterland. It has been further stated that after conducting the field
visits and studying the Satajan Waterland, a detail report is being prepared for submission to
the Government of Assam. It has been further stated that the land in question is being
requisitioned by the District Administration under Section 3[1] of the Assam Land [Requisition
& Acquisition] Act, 1964 for the purpose of 'Satajan Conservation Reserve for Birds'.
6. The said affidavit-in-opposition of the respondent no. 3 was filed as far back as on
08.06.2022.
Page No.# 7/7
7. On 20.09.2024, the State respondents were asked to clarify whether any decision has
been taken for converting the site/water body in question for a Bird Sanctuary/Community
Reserve in terms of the Order dated 16.02.2010 passed in PIL no. 06 of 2007 and if such
decision has been taken, whether the process for acquisition/requisition has properly been
initiated.
8. Though the authorities in the Forest Department is a party in the writ petition, W.P.[C]
no. 4925/2020, it was observed in the order dated 12.06.2024 to the effect that if the
respondents in the Forest Department would desire to file any affidavit in the matter, the
same should be filed by the next date of listing, failing which the matter shall be proceeded in
accordance with law.
9. Today, the learned Standing Counsel for the Forest Department is found absent on call.
As such, both the writ petitions are to be proceeded without any response from the
respondent authorities in the Forest Department.
10. Mr. B.J. Talukdar, learned senior counsel appearing for the other State respondents
shall obtain instructions as to whether any decision regarding conversion of the site/water
body in question and to place the same on the next date of listing.
11. As sought for by Mr. Talukdar, list the case on 06.12.2024.
12. Interim order, if any, shall continue till the next date of listing.
JUDGE
Comparing Assistant
