JAYANTA DUARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, being aggrieved by the decision of the respondent authorities to construct a crematorium in the vicinity of the thirty bedded hospital and a Muga Sub-station at Ward No. 1 Sarupathar Town, has presented this petition, as a Public Interest Litigation, seeking intervention of this Court in the matter.

(2.) The pleaded case of the petitioner, sans unnecessary details, is that the dispute arose when some members of respondent No. 8, No. 1 Padumoni Cremation Ground Development Committee tried to take forceful possession over 1 bigha of land covered by Dag No.254 and 281 situated at village No. 1 Padumoni. Due to protest lodged by him and some other local residents before respondent No. 5, the Sub-Divisional Officer (Civil), Dhansiri, Sarupathar, the construction of the cremation ground was stopped and the pillars erected by the miscreants were removed. Thereafter also some miscreants tried to take forceful possession of the land for setting up of the cremation ground which even led to filing of FIR before police, after which only the activities came to a halt. The matter subsided for a long time after rejection of the proposal for construction of the crematorium ground by Respondent No. 6, President, Land Advisory Committee and asking the Circle Officer to find out some other plot of land.

(3.) In the early part of 2014 the respondent No. 5, 6 and 7 with the local MLA laid the foundation stone of the cremation ground, fund for which was allotted by the 4th Finance Commission. The Director, Sericulture Department, Government of Assam, on being informed by the Superintendent, Sericulture, Golaghat urged the respondent No. 5 not to construct the cremation ground over that plot of land on the ground that the Muga farm situated near the land would be affected. The Sub-Divisional Medical and Health Officer, Sarupathar, Golaghat, also issued a certificate to the effect that construction of the cremation ground in that area would be hazardous to the health of the patients in the hospital. The Principal of the Don Bosco High School, Sarupathar also raised objection on the ground that the students of the school situated near the land would suffer.