MOHON BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the petitioner. Heard Mrs. A. Hazarika, Addl. Senior Govt Advocate, Assam for the Respondent.

(2.) This public interest litigation is filed seeking directions from the Court to get removed the persons, who are illegally occupying the youth hostels and also for a direction for effective and better management of the youth hostels constructed in the State of Assam. It is stated in the petition that youth hostel movement in Assam generated ripples in Assam and there are three categories of members - life member, annual member and institutional member. In Assam, there are all together 226 life members, 401 annual members and 2 institutional members as per enrolment till August, 2000. With the help of the Central Government and State Government fundings and grants the first youth hostel was constructed at Guwahati in the year 1949 and thereafter three youth hostels have been built up at Golaghat, Nagaon and Tezpur. As per the petitioner, although the youth hostels are constructed they have not been connected with water supply and electricity and the youth hostels are not functional and they have not been used in proper way. The petitioner's complaint in nutshell is that, these four youth hostels have not been utilized for the purpose for which constructions were made and they have been let out to the persons or institutions which are not entitled to occupy youth hostel.

(3.) The State has entered appearance and filed counter in the form of affidavit shown by Sri Rajib Baruah Deputy Superintendent Sports and Youth Welfare, Assam. It is stated in the affidavit that the Government of Assam, has constituted a Youth Hostel Management Committee for managing the youth hostels. In the meantime, the Government of India has appointed Warden for the Nagaon Youth Hostel. The Tezpur Youth Hostel is under direct management and control of the Deputy Commissioner, Tezpur. The youth hostel at Guwahati is under the District Sports Officer, Kamrup as Warden incharge under direct supervision of both Director of Sports and Deputy Commissioner, Kamrup. It is further stated that all the youth hostels are functioning except the Golaghat Youth Hostel and steps are being taken to get it vacated from the occupation of the Central Reserve Police Force Personnel. In paragraph 11, it is specifically mentioned that there are no unauthorized occupant in the youth hostels and the occupants are occupying the rooms on rent only which is - (i)) Rs. 30/- for all students, youth in the age group of 15 to 3 5 years, (ii) Rs. 50/- for all others and (iii) Rs. 10/- extra for incidental charges as per the Circulars issued by the Government of India, Ministry of Youth Affairs and Sports. It is also stated that the Tezpur and Nagaon Hostels are fully functioning as per the norms and the Wardens are also appointed by the Government of India. Similarly, the Gauhati Youth hostel is also fully functioning under the District Sports Officer and any illegal occupants do not occupy the rooms.