BIKASH ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE public interest litigation as well as the writ petition in W. P. (C) No. 5293/06 being related to the land belonging to Auniati Satra (in short "the Satra") and in both the PIL as well as in the writ petition the claim being the right over an alleged water tank and lease hold right claiming to be the lease holder under the Satra, are taken up together for hearing and disposal, as agreed to by the learned counsel appearing for the parties.

(2.) IN P. I. L. No. 84/06, the petitioners, Sri Bikash Roy and Sri Amrendra Adhikary, who are the Secretaries of Greater Fatashil Wetland Preservation Committee and Fatashil Gauri Sharma Colony Nagarik Unnayan Samity respectively, are praying for a direction for preservation of water tank and for declaration of the same as a wetland, pursuant to the Government notification dated 31. 5. 1995 (Annexure-8), for removal of the earth filling in the water tank and also for directing the respondents not to transfer the plot comprising the water tank by way of sale, gift, lease or mortgage etc. , contending inter alia that about 200 number of persons are in occupation of around 60 Bighas 7 Lechas of land belonging to the Satra as tenants for more than 30 to 40 years on the strength of various deeds of lease executed by the Satra, which land also comprise a water tank over a plot of land measuring about 6. 5 Bighas, which act as a natural reservoir of rain water and only source of natural water in the area and is being used by the local residents. It has further been contended that the said water tank was leased out in the year 1970 to Smti Sushila Bala Devi and her two sons, where a fishery was started, who subsequently handed over the possession to the Satra, which, the Satra is trying to sale to the 4th respondents, namely M/s Balaji Circle, as application seeking permission for sale of the entire plot of land comprising the water tank has been filed, which the petitioner No. 2 objected, befroe the Gauhati Metropolitan Development Authority (GMDA) as well as the Sub-Registrar. It has further been contended that the said action of the Satra is in complete disregard to the interim order passed on 30. 10. 2006 in W. P. (C) No. 5293/06, directing the parties to maintain status-quo, which writ petition has been filed by the lease holders under the Satra for directing the respondents therein to complete the acquisition proceeding of the land measuring 60 Bighas 7 Lechas including the water tank, under the provisions of the Assam State Acquisition of Lands belonging to Religious or Charitable Institutions of Public Nature Act, 1959 (in short, "the 1959 Act") and also for settlement of the land under the possession of the writ petitioners in the said writ petition in terms of the Government policy as well as the provision contained in Section 15 of the said Act. The petitioners in the P. I. L. has also contended that they have also challenged the purported action of the Satra in trying to transfer the land measuring 6. 5 Bighas, which comprises the water tank and which is part of the 60 Bighas 7 Lechas of land under the possession of the tenants, by way of sale, in W. P. (C) No. 5293/06. The petitioners, therefore, seek a direction and/or appropriate order for preservation and conservation of the water tank for maintenance of the ecosystem of the locality.

(3.) THE petitioners, in W. P. (C) No. 5293/06 are praying for a direction to the respondent authorities to complete the acquisition proceeding under the provisions of 1959 Act and to settle the same in their favour in terms of the Government policy as well as the provisions contained in the said Act, contending inter alia that a proceeding under the provisions of the 1959 Act was initiated for acquisition of the land belonging to the Satra but the said proceeding has not been completed though the Satra surrendered a vast area of land including the land measuring 60 Bighas 7 Lechas of village Fatashil, Guwahati, which land the petitioner claims to be in possession as tenant under the Satra and also comprises the water tank, which is the subject matter in P. I. L. No. 84/06. It has further been contended that for the said plot of land apart from other lands, draft as well as final statement as required under Section 20 of 1959 Act has been published, after disposal of the appeal preferred by the Satra under Section 20 (3) of the Act and inspite of the communication dated 9. 2. 1994 issued by the Satradhikar of the respondent No. 3 Satra, no final notification as required under Section 3 of the said Act has been issued, thereby, depriving the petitioners from getting settlement under Section 15 of the said Act, though the Secretary to the Government of Assam, Revenue Department vide communication dated 21. 7. 2005 asked the Deputy Commissioner, Kamrup to finalize the same. In the said writ petition M/s Balaji Circle, the 4th respondent in the P. I. L. has been impleaded in terms of the order dated 13. 12. 2006 passed in Misc. Case No. 4097/06 filed by it.