Gauhati High Court
Debajyoti Dey & 29 Ors vs The State Of Assam & 8 Ors on 19 February, 2014
Author: A.K. Goswami
Bench: A.K. Goswami
PIL No.57 of 2013
BEFORE
HON'BLE THE CHIEF JUSTICE MR. A.M. SAPRE
HON'BLE MR. JUSTICE A.K. GOSWAMI
19-02-2014
(A.M. Sapre, C.J.)
Heard Mr. G.N. Sahewalla, learned senior counsel assisted
by Mr.U. Dutta, learned counsel for the petitioners, Mrs.B. Goyal,
learned Government Advocate, Assam and Mr.B. Goswami,
learned Standing Counsel, Water Resources Department.
This petition (PIL) is filed by 30 petitioners who are residents
of Tarapur Shib Bari Road, Silchar. Their main grievance in filing
this PIL is relating to embankment of a patch measuring 175
metres on the Silchar-Kalaian Road from Ch 05 metres to 175
metres.
Notice of this petition was issued upon the concerned
State authority. They are served and duly represented.
Ms. B. Goyal, learned Government Advocate, Assam, on
instructions, submits that all necessary remedial steps are being
taken by the concerned authority by handing over the road in
question to PWD (Roads) Department to make it suitable for its
use as 'road'. It is also submitted that till such time the road is not
made suitable for its use as 'road', heavy vehicles will not be
allowed to ply over it.
We are satisfied with the statement made by Ms. B. Goyal,
learned Government Advocate, Assam so also the counsel
appearing for the petitioners because once the remedial steps
suggested by the State Counsel are implemented in its letter and
spirit, then the grievance raised by the petitioners in this PIL shall
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be fully met and would no longer be faced by the residents of
the area which includes the petitioners.
Since the State has taken steps to remedy the grievance,
we do not wish to keep the petition pending and close the same
with a direction to the respondents (concern authorities of the
State) to ensure implementation of the statements made before the Court through the State counsel on instructions from the State and take all remedial steps and bring it to its logical conclusion preferably before the monsoon set-in this year.
The petitioners would always be at liberty to renew their grievances, if the respondents do not ensure compliance of the statement made before this Court, if occasion so arises in future.
No cost.
JUDGE CHIEF JUSTICE
ISINGH
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