Gauhati High Court: Free Guwahati water bodies and hills from encroachment

 STAFF REPORTER

GUWAHATI: The Gauhati High Court today dismissed a slew of writ petitions filed by some people against the recent eviction drive in the Silsako Beel in Guwahati. The High Court is of the view that, “as stated by the learned Advocate General of the State, the present eviction drive may be an example for initiating such drives to clear all waterbodies, especially in and around Guwahati, including the Deepor Beel. Illegal encroachment in the hills in and around Guwahati is also to be made encroachment free with stricter steps against the cutting of hills and deforestation”.

The bench of Justice Sanjay Kumar Medhi of the High Court said ‘the Court may take judicial notice of the fact that artificial floods have almost become routine in Guwahati, where, after a heavy shower, the entire city is inundated, and the reduction of waterbodies in Guwahati is one of the main reasons for the same... the satellite pictures for different periods placed before this Court would really indicate a shocking state of affairs wherein a huge water body has been turned almost into a drain. The said satellite pictures (three in number) are part of the records’.

In view of the aforesaid facts and circumstances, the High Court is of the considered opinion that ‘the present writ petitions may not be fit cases for interference, as a much greater goal involving public interest is being sought to be achieved, wherein this Court has not noticed any apparent aberration of law’.

At this stage, this Court has also given some thought to the individual hardships of a serious nature. ‘Though specific pleadings are not there in the petitions, it has been reported that the wards and children of some petitioners in the locality are having their annual examinations, including the HSLC and Higher Secondary/Class-XII examination’.

This Court has also indicated that ‘hardships may also be in the form of some petitioners who are suffering from serious ailments and are not able to shift immediately. For those cases, liberty is given to the petitioners to individually approach the authorities in question by submitting written representations with supporting documents and an undertaking to vacate the encroached lands on or before April 10, 2023; if such a step is taken within March 15, 2023, the same may be considered and a reasonable time be granted to vacate the land under their possession. This liberty, however, cannot be extended indefinitely’.

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