PIL 53/2014. Case: Shri Jayanta Duarah Vs The State of Assam & Ors.. Guwahati High Court

Case NumberPIL 53/2014
CounselFor Appellant: Mr. D.K. Bagchi, Advocates and For Respondents: Mr. R.K. Bora, Govt. Adv., Mr. R.K. Dev Choudhury, Adv.
JudgesHrishikesh Roy and Paran Kumar Phukan, JJ.
IssueCriminal Procedure Code - Section 164; Indian Penal Code - Sections 420, 468; Assam Municipal Act, 1956 - Section 252
Judgement DateAugust 03, 2016
CourtGuwahati High Court

Judgment:

P.K. Phukan, J.

  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.

  4. The pleaded case of the petitioner further is that a PIL filed before this High Court by some other persons was subsequently withdrawn and while disposing of the petition the High Court observed that if any other person takes recourse to prosecute the cause, the same shall be examined. Thereafter, the petitioner filed a Public Interest Litigation being PIL No. 32/2014 but the same was disposed of on 16.05.2014 by this Court giving liberty to him to file appropriate representation before the local authorities and accordingly, he filed the...

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