KHIRESWARI SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Anurag Tiwary, learned counsel appearing for the appellant in WA No.126/2023; Mr. U.S. Borgohain, learned counsel for the appellants in WA No.234/2023 and Mr. S. Borthakur and Ms. P. Borah, learned counsel appearing for the appellants in WA No.316/2023 and WA No.317/2023. Also heard Mr. N. Das, learned Government Advocate, Assam; Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department and Mr. P. Nayak, learned Standing Counsel, Guwahati Municipal Corporation (GMC), Guwahati Metropolitan Development Authority (GMDA) and Department of Housing and Urban Affairs (DoHUA)

(2.) These writ appeals are preferred by the appellants being aggrieved with the impugned judgment dtd. 3/3/2023 and order dtd. 31/7/2023 passed by the learned Single Judge in a bunch of writ petitions. Two of the writ appeals, being WA No.126/2023 and WA No.234/2023, are filed against the impugned judgment and order dtd. 3/3/2023, whereas other two writ appeals, being WA No.316/2023 and WA No.317/2023, are preferred against the order dtd. 31/7/2023.

(3.) The writ appellants approached the Writ Court being aggrieved with the eviction drive carried out by the respondents in respect of the land covered under the provisions of the Guwahati Waterbodies (Prevention and Conservation) Act, 2008 (hereinafter referred to be as "Waterbodies Act, 2008"). Vide the Waterbodies Act, 2008, the Government declared the areas ofthe land specified in Schedule I, II, III and IV as waterbodies.