Gauhati High Court
Jitul Deka vs The State Of Assam And 11 Ors. Rep. By ... on 9 December, 2019
Author: Ajai Lamba
Bench: Ajai Lamba, Achintya Malla Bujor Barua
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GAHC010237042018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL 38/2019
1:JITUL DEKA, GENERAL SECRETAR, ASOMIYA YUVA MANCHA S/O. SRI
KARUNA DEKA R/O. AT TELECOM KUNJA COMMERCIAL COMPLEX
MALIGAON GUWAHATI ASSAM PIN-781012.
VERSUS
1:THE STATE OF ASSAM AND 11 ORS. REP. BY CHIEF SECRETARY
GOVT. OF ASSAM DISPUR GUWAHATI.
2:THE UNION OF INDIA REP. BY SECRETARY MINISTRY OF ENVIRONMENT
AND FOREST PARYAVARAN BHAWAN C.G.O. COMPLEX LODHI ROAD NEW
DELHI-110003.
3:THE CHIEF CONSERVATOR OF FOREST REGIONAL OFFICE MINISTRY OF
ENVIRONMENT AND FOREST (NEZ) UPLAND ROAD LAITMUKHRAH
SHILLONG-793003.
4:THE SECRETARY DEPTT. OF ENVIRONMENT GOVT. OF ASSAM
GUWAHATI.
5:THE CHIEF CONSERVATOR OF FOREST (T) CENTRAL ASSAM CIRCLE
BASISTHA FOREST COMPLEX GUWAHATI-781029.
6:THE DY. COMMISSIONER
KAMRUP METROPOLITAN DISTRICT GUWAHATI.
7:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE KAMRUP GUWAHATI.
8:THE GUWAHATI DEVELOPMENT AUTHORITY REP. BY THE
COMMISSIONER AND SECY. JANATA BHAVAN (D) BLOCK 2ND FLOOR
DISPUR GUWAHATI-06.
9:THE GUWAHATI MUNICIPAL CORPORATION
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REP. BY THE COMMISSIONER PAN BAZAR GUWAHATI
10:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
REP. BY THE COMMISSIONER BHANGAGARH GUWAHATI.
11:SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. A
COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS
REGD. OFFICE AT PLOT NO.X-1 2 AND 3 BLOCK- EP SALT LAKE CITY
SECTOR V P.O. SECH BHAWAN P.S. ELECTRONIC COMPLEX KOLKATA-
700091.
12:THE CENTRAL BUREAU OF INVESTIGATION REP. BY THE DIRECTOR
BLOCK NO.3 CGO COMPLEX LODHI ROAD NEW DELHI-110003.
Advocate for the Petitioner : MR K CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA
HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 09-12-2019 (Ajai Lamba, C.J.) Heard Mr. M. Smith, learned counsel for the petitioner. We have taken notice of the fact that the Public Interest Litigation was disposed of vide the order dated 21.06.2019 on the premise that on a common issue, WP(C) No.7397/2018 had already been filed and an order of stay had been issued vide the order dated 12.10.2018 by the Writ Court. It appears that the petitioner challenged order dated 21.06.2019 before Hon'ble Supreme Court of India. Vide the order dated 23.08.2019, the order passed by the PIL Bench dated 21.06.2019 (supra) has been set aside. The High Court has been requested to hear the PIL along with WP(C) No.7397/2018 vide the order dated 23.08.2019 (supra).
In view of the above, the Public Interest Litigation is being taken up for hearing. Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1, 6 & 7 states that copy of the PIL No.38/2019 is not available with him.
Mr. K.K. Parashar, learned Central Government Advocate, appearing for the respondent Nos.2 & 3 states that copy of the PIL No.38/2019 is not available with him.
Page No.# 3/3 Mr. D. Mazumder, learned Additional Advocate General, assisted by Mr. P. Borah, would represent the respondent Nos.4 & 5 and states that copy of the Public Interest Litigation petition is not available.
Mr. S. Bora, learned standing counsel, GMC appears for respondent Nos.8 & 9; Mr. D. Khan, learned standing counsel, GMDA, appears for respondent No.10; Dr. A. Saraf, learned senior counsel, assisted by Mr. A. Goyal, appears for respondent No.11 and Mr. S.C. Keyal, learned Assistant Solicitor General of India, appears for respondent No.12/CBI.
The learned counsel for the petitioner is directed to furnish complete copy of the Public Interest Litigation petition to all the counsels representing the respondents within 7(seven) working days.
List on 27th January, 2020 along with WP(C) No.7397/2018.
JUDGE CHIEF JUSTICE Comparing Assistant