ASSAM SANMILITA MAHASANGHA Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Shri P.S. Patwalia, learned Additional Solicitor General on the status report with regard to border fencing which has been submitted to this Court pursuant to its order dated 7th February, 2017. We have taken note of the contents of the said report and also the additional statements made by Shri Patwalia, on instructions, to the effect that some of the tenders for work(s) mentioned in the status report have been finalized in the meantime and work order has been issued and such work has or is likely to commence soon. Shri Patwalia has also submitted that in respect of certain other stretches of the Indo-Bangladesh Border, re-tender(s) has also been issued. It is also submitted that land proposed to be acquired (as mentioned in the report) has since been made available by the Government of Assam. Without going into any further specific details, we are of the view that the task of border fencing on the 13.38 kms stretch, which is planned to be covered by physical barrier, should commence/undertaken in the right earnest. The Committee under the Chairmanship of Shri Madhukar Gupta, Ex-Home Secretary which is already in seisin of a related matter is entrusted by the Court to oversee and supervise the construction of the border fencing of this stretch of the Indo-Bangladesh border and submit periodical reports to the Court, the first of which shall be within four months from today.

(2.) Insofar as the riverine border is concerned we have taken note of the facts stated in the status report in question. This aspect of the matter, particularly, what has been stated in paragraph 7 of the report, will be considered on the next date of hearing.

(3.) Insofar as the availability of finances is concerned, Shri Patwalia has submitted that a meeting of the Expenditure - Finance Committee of the Ministry of Finance is scheduled to be held on 10th March, 2017. It is submitted by Shri Patwalia that the Home Ministry has given full justification to the revised proposal(s) and the Expenditure - Finance Committee will submit its decision including a decision on interim payment which will then have to be considered by the appropriate authority in the Ministry of Home Affairs and the Ministry of Finance. Shri Patwalia submits that he is optimistic that by the first/second week of April, 2017 a substantial amount would be released.