STAFF REPORTER
GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice RM Chhaya and Justice Soumitra Saikia directed the Assam Government to protect the Deepor Beel area as said in its affidavit and commission the under-construction solid waste management plant located nearby latest by July 1, 2023.
The bench issued this order on December 22, 2022, after hearing a sou moto PIL (3/2017) and a PIL (40/2021) praying for the preservation and proper management of Deepor Beel.
The respondent authorities, including the Assam Chief Secretary, have brought on record the fact that "the Government of Assam with the help of IIT Kharagpur decided to have a plant for scientific disposal of solid waste at Boragaon dumping site and Guwahati Municipal Corporation (GMC) was directed to execute the same. According to the respondents, Deepor Beel is the only Ramsar Site of the State declared in August 2002, and it covers a core area of 4.14 sq. km. The said area is also notified Wildlife Sanctuary by the Environment and Forest Department vide Notification dated 21.02.2009, and the remaining area is under the Revenue and Disaster Management Department. It is also averred that the balance area was brought under the Guwahati Water Bodies (Preservation and Conservation) Act, 2008 and declared as a water body under Section 4 of the 2008 Act. The State of Assam has in detail brought on record the facts of the attempts and efforts made to preserve the Deepor Beel wherein a number of bird species and fish species have been recorded, out of which as per the State of Assam, 8 are endangered. The respondent has also filed an affidavit whereby it is contended that the Solid Waste Management facility is located over the Dag No.704 covering an area of 120 Bighas at West Boragaon within the Guwahati Municipal Corporation area and the same is located at a distance of 15 km from Guwahati city, 1 km from the National Highway No.37, 0.5 km from Deepor Beel bisected by a Railway track on the western side. It is also a matter of record that the Guwahati Metropolitan Development Authority (GMDA) has also taken certain steps to keep the area in question clean. Various orders have been passed by this Court for the preservance of the Deepor Beel, which are on record. Similar affidavits are filed by the other respondents pursuant to the order passed by this Court and steps have been taken for the preservance of the Deepor Beel.
"Ultimately by an affidavit dated 09.12.2022, GMC has averred; "That the Letter of Acceptance for Construction of Compost and RDF Plant of 150 TPD at Belortol, NH No. 37 for a contract value of Rs. 30,91,80,000 was issued by the then Commissioner, Guwahati Municipal Corporation on 09.05.22 to one M/s Geron Engineering Pvt. Limited. That the work of construction of Compost and RDF Plant as per Letter of Acceptance dated 09.05.22 is progressing smoothly. That as per the NIT period of construction of 150 TPD the Compost and RDF Plant is 12 months. That the Construction of 150 TPD Compost and RDF Plant at Belortol, NH No.37 is likely to be commissioned in the month of June 2023."
With these observations and directions, both petitions are disposed of.
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