NAGARIK COMMITTEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The micro environment in and around the bank of river Brahmaputra in the Guwahati city is the issue involved in this Public Interest Litigation. A group of organisations moved the Court espousing the cause of the people of the ancient city with a view to make the city comfortable by bringing a balanced development harmonizing with the environmental needs.

(2.) The issue raised in this writ Petition basically relatable to the effective administration of the Assam Town and Country Planning, Act, 1959, Act-II of 1960, the Gauhati Metropolitan Act, 1985, (the Assam Act, 20 of 1987) and the proper implementation of the master plan and the zoning regulation in the city. The Respondents save and except, the Guwahati Metropolitan Development Authority and the Gauhati Municipal Corporation submitted their respective affidavits. The Respondents 1, 2, 3, 6, 7 and 8 namely the State of Assam and its instrumentalities did not dispute their obligations imposed by the statute. The said Respondents in their affidavit particularly referred and relied upon the modified Final Master Plan and Zoning regulations for Guwahati made in exercise of the powers conferred by Section 14 and sub-section (2) of Section 10 of the Assam Town and Country Planning Act, 1959 read with Rule 4(2) of the Assam Town and Country Planning Act, 1959 read with Rule 4(2) of the Assam Town and Country Planning (Publication of Master Plan and Zoning Regulations (Amendment) Rules 1964 published vide Notification No. TCP 79/83/56, dated 25.9.86. The Respondents in their affidavit disputed and denied the fact that the State Government or its instrumentalities have allowed any illegal or irrational flurry of construction in the river bank. According to the said respondents most of the building situated in the public, semi-public zones which are situated therein are in conformity with the existing Master Plan. The following relevant passages from the affidavit of the said respondents are extracted below :

(3.) The Union of India also submitted its affidavit and stated in clear terms that the Union Govt. and the respective ministries are fully aware of its statutory duties and they are assiduously complying with the statutory provisions of the Act at all costs.