ARINDAM DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This PIL petition is filed by some of the residents of Silchar Town raising a grievance regarding the decision taken by the erstwhile Municipal Board (now Silchar Municipal Corporation) to lease out a portion of the Gandhibag Park area of Silchar town to the respondent No. 9, to develop an amusement park and to construct hotel as well as commercial complex. The process for leasing out the land of Gandhibag Park area to the respondent No. 9 started in the year 2017 and, ultimately, an agreement was executed between the erstwhile Silchar Municipal Board (hereinafter to be referred as "Municipal Board") and the respondent No. 9 on 14/3/2019.

(2.) The petitioners have challenged the action of the Municipal Board principally on the ground that as per Sec. 63(2) of the Assam Municipal Act, 1956 (hereinafter to be referred as "Municipal Act"), no Board can lease out, exchange or dispose of any land vested in it under Sec. 62 except with the sanction of the State Government. It is contended on behalf of the petitioners that with the leasing out of the land of the park in question, the Municipal Board has virtually disposed of the said land to the respondent No. 9 without taking any sanction of the State Government, therefore, it is illegal.

(3.) The other ground raised by the petitioners to challenge the process of leasing out the land in question is that in the Final Master Plan for Silchar, published vide Notification dtd. 19/3/2005, the Gandhibag Park area is reserved for development of a small botanical garden and swimming pool. Therefore, the leasing out of the said park area to the respondent No. 9 for establishment of an amusement park and construction of hotel and commercial complex is in violation of the Master Plan. It is contended that without there being any amendment in the Final Master Plan by following the procedure laid down under the law, the use of the land cannot be changed. Other ancillary grounds, such as, environmental hazards and lack of green space for the citizens and children of Silchar Town have also been raised in this PIL petition.