SARAT CHANDRA SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Public Interest Litigation questions the decision of the Respondent, State of Assam as contained in Annexure-V to transfer 2 Blghas of land situated in Paltan Bazar, Guwahati within the Assam State Transport Corporation Complex in favour of Respondent No.7 Indian Hotel Company Limited for the purpose of setting up a hotel, while coming with prayers to direct Respondent Nos. 1 to 5 to cancel, recall or forbear from giving effect to that decision.

(2.) Respondent No. 7 proposed to the Government of Assam for investment by setting up of "IndiOne" Category hotel at Guwahati which was considered to a Meeting held on 6-11 -2004 under the Chairmanship of the Chief Minister, Assam which was attended by 10 persons, viz.- (1) Additional Chief Secretary, Revenue Department; (2) Commissioner & Secretary, Revenue Department; (3) Commissioner to Chief Minister; (4) Additional Secretary, Chief Minister's Secretariat; (5) Deputy Commissioner, Kamrup (M); (6) Chairman, Assam State Housing Board; (7) Managing Director. HOUSEFED; (8) Managing Director Assam State Warehousing Corporation; (9) Managing Director. ASTC; and (10) Mr. B. Bordoloi, TATA TEA Ltd., Guwahati; and the following minute was recorded :

(3.) This Minute shows that the authorities present in this Meeting decided to handover 2 Bighas of vacant land in the Paltan Bazar locality in the vicinity of the ASTC Complex. It is, therefore, clear that the Members were not appraised of the fact that the land, as claimed by the ASTC, was part and parcel of 9 Bighas and odd lands comprised in Dag No. 554/3213 (old) and 555 (new)/3213 (old) of Sahar Guwahati Part V under Ulubari Mouza which was transferred and vested in the name of Assam State Transport Corporation.