The Gauhati High Court has opined that a fact-finding inquiry at the ground level is necessary for a just decision in the case of illegally blocked channels that creates an artificial flood in Southern Kamrup district.
The Division Bench of Chief Justice Suman Shyam and Justice Mridul Kumar Kalita heard a Public Interest Litigation (PIL) field alleging that a few industrialists and real estate dealers, acting in collusion and with the active connivance of government officials of the Revenue Department, have illegally blocked natural and man-made water channels, filled up low-lying agricultural land and wet land in the Southern Kamrup district thus creating artificial floods in that area, the present PIL has been filed.
The basic grievance of the petitioners is to the affect that due to illegal constructions raised by the respondents natural flow of drain water in the Palasbari area has been blocked as a result of which, whenever, there is rain in that area, the residents of Palasbari are subjected to massive water logging problem, thus, posing enormous difficulties in their day-to-day life.
According to counsel appearing for the PIL petitioners, despite representations submitted before the authorities from time to time, no effective step has been taken in the matter till date so as to redress the grievance of the local residents. The petitioners’ counsel has, therefore, submitted that for carrying out a fact finding exercise, a Court-appointed Commissioner should visit the area and submit a report.
D. Gogoi, Standing Counsel for the Forest Department, submitted that his clients have no role to play in the matter.
N. Bordoloi, Standing Counsel for the Revenue Department, submitted that the stand of the authorities are reflected in the counter-affidavit filed on their behalf.
After hearing the submissions of counsel for both the parties, the Court opined that a fact-finding inquiry at the ground level is necessary for a just decision in this case. As such, with the consent of the contesting parties, the Court appointed an Advocate practicing in this Court, as Commissioner, so as to conduct a physical inspection/verification of the area and submit a report.
Upon receipt of such papers, the Advocate may visit the site and carry out necessary inspections, besides interacting with all the stakeholders including the petitioners, the private respondents and the departmental authorities with prior intimation and thereafter, submit a report. All concerned including the local administration and the police administration to render necessary co-operation to the learned Advocate Commissioner in discharge of his duties entrusted by the Court, the Court directed.
The matter is listed further on 30.09.2024 for further consideration.
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