DR. HIREN GOHAIN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BD Goswami, learned counsel for the petitioners, Ms. B Goyal, learned Govt. Advocate, Assam and Mr. BK Mahajan, learned counsel for Respondent No.4. Also heard Mr. D Saikia, learned senior counsel assisted by Mr. B Gogoi, learned counsel in IA 405/2016.

(2.) The petitioners are renowned residents of Guwahati. According to them, water body Dighali Pukhuri located in the heart of city is of great significance and reverence for the people. But the respondent authorities, more particularly Respondent No.4, are carrying out large scale construction activities on its Northern side to set up a war memorial. They have therefore in the present Public Interest Litigation prayed for a direction against the respondents to remove the construction already made by them and preserve the Dighali Pukhuri.

(3.) An affidavit has been filed today by Mr. KC Choudhury, Director of the Sainik Welfare Board of Assam, (Respondent No.4) stating therein that construction of war memorial has been undertaken on a Government land outside the demarcated area of Dighali Pukhuri. In the affidavit an undertaking is also given that no construction activity will be carried out inside the water body - Dighali Pukhuri.