Strange are the ways of authorities concerned

2 bigha, 4 katha, 9 lecha government land leased out to private party 'violating norms'

STAFF REPORTER

GUWAHATI: Strange are the ways of the authorities concerned. Despite standing rules, regulations and laws of the Government of Assam, a private party has been allotted ownership of a large portion of government land right of the heart of the 'Gateway to the Northeast' — Guwahati.

This has been revealed on the floor of the Gauhati High Court following a PIL (Public Interest Litigation) — 72/2021 — filed by Masaddar Hussain.

In this PIL, the petitioner has raised certain issues of great public importance. The petitioner has alleged that "an important public land located in Machkhowa has been leased out to certain individuals by the State authorities without quoting any tender or following the norms".

Meanwhile, sources informed that the land in question is of the Handloom & Textile Department, Government of Assam.

The petitioner further alleged that the government land in the heart of Guwahati was done by "floating a joint venture which is the present practice being followed by the State Government in this regard".

Against this backdrop, the petitioner has sought the intervention of the Gauhati High Court.

The petitioner has given the detailed area of the government land as follows: It measures 2 Bighas, 4 Kathas, 9 Lechas (Dag number: No.216 (old) & 83 (new) in the Revenue Village of Guwahati in Kamrup (M). It is bounded by North-TR Phookan Road, East-Kedar Road, South- Hem Barua Road (Facing IOC Petrol Pump Side) and West – ASTC Bus Terminus Complex.

During the hearing of this PIL, the Advocate General, Assam submitted before the Court that "the authorities had examined the issue even before filing of this PIL on their own and on examination of the issue, it was found that proper norms for leasing out the land as contemplated under Article 299 of the Constitution of India had not been followed".

As regards the issue raised by the petitioner relating to the policy on the PPP (Public-Private Partnership) mode in Infrastructure Development in Assam (PPP Policy Assam, 2008) which was notified by the State Government, it has been submitted that it also will be examined by the State Authorities as to whether any such policy has been also violated or not.

In other words, the Advocate General, Assam submitted that the Government is in "seisin" (Current legal status) of the matter already, even prior to the filing of the PIL and all necessary actions shall be taken by the authorities concerned as per the law in a transparent manner to deal with the Government land as prevailing in the State.

Mentionably, the "Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee of an estate in land".

In this regard, the Advocate General submitted that the Government is likely to take all the necessary steps as expeditiously as possible, preferably, within a period of eight weeks.

In view of the above submission made by the Advocate General, the bench of the Gauhati High Court comprising Justice N. Kotiswar Singh and Justice Malasri Nandi opined that "there may not be any need to keep this PIL pending. Accordingly, the PIL stands closed, added the bench.

The bench mentioned, "However, the petitioner would be at liberty to approach this Court again if the aforesaid public land is being disposed of or leased out or any transaction related to this public land is executed by the State Authorities without following the proper norms as per the law as applicable in the State of Assam".

Also Read: Arunachal encroachers misbehave with Assam DFO, hold up forest officials

Also Watch: