Atowar Rahman and 2 Ors v. The State of Assam and 8 Ors

ORDER Date : 03-10-2024 Heard Mr. A.U. Ahmed, the learned counsel appearing on behalf of the Page No.# 3/3 petitioners as well as Mr. H. Sarma appearing on behalf of the respondents.

¶2The instant writ petition was filed by the petitioners being aggrieved by the demolition of a bridge/culvert by the District Administration which was constructed by the petitioners.

¶3The petitioners were aggrieved as on account of the demolition of the bridge, the petitioners were not able to use their patta land and the ingress and egress to their land were greatly impacted.

¶4It is seen that on 30.09.2024 an instruction was placed dated

12.09.2024 wherein it was mentioned that on account of the natural drain from the hill side being blocked by some local people filling by rivers sand/sandy soil for which there was a water logging problem, the action had to be resorted by the District Administration.

¶5It is also seen that the respondents are not adverse to petitioner constructing a bridge/culvert for their ingress and egress to their land without affecting drainage system over the drain.

¶6Taking into account the above as well as the instruction dated

12.09.2024 which has been placed on record and marked with a letter "X", this Court permits the petitioners to construct a bridge/culvert so that they can ingress and egress to their land. However, it is made clear that in doing so, the petitioners shall not in any manner effect the drainage system over the drain.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010172502024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4303/2024o ATOWARoRAHMANoANDo2oORS.o S/O-oRAJABoALI,oR/O-oOUDUBIoPART-I,oP.O.oKHELUAPARA,oP.S.oJOGIGHOPA,o DIST.oBONGAIGAON,oASSAM 2:oRAMJANoALI oS/O-oRAJABoALI oR/O-oOUDUBIoPART-I oP.O.oKHELUAPARA oP.S.oJOGIGHOPA oDIST.oBONGAIGAON oASSAM 3:oABUoBAKARoSIDDIQUE oS/O-oRAJABoALI oR/O-oOUDUBIoPART-I oP.O.oKHELUAPARA oP.S.oJOGIGHOPA oDIST.oBONGAIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARY oGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONERoANDoSECRETARY Page No.# 2/3 PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI-6. 4:THE DISTRICT COMMISSIONER BONGAIGAON DIST. BONGAIGAON ASSAM 5:THE DISTRICT DEVELOPMENT COMMISSIONER BONGAIGAON DIST. BONGAIGAON ASSAM 6:THE SUB-DIVISIONAL OFFICER CIVIL NORTH SALMARA DIST. BONGAIGAON ASSAM 7:THE ASSISTANT EXECUTIVE ENGINEER PWD (RURAL SUB-DIVISION) ABHAYAPURI DIST. BONGAIGAON ASSAM 8:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE DIST.BONGAIGAON ASSAM 9:THE BLOCK DEVELOPMENT OFFICER BOITAMARI DEVELOPMENT BLOCK DIST. BONGAIGAON ASSA For the Petitioner(s) : Mr. A.U. Ahmed, Advocate For the Respondent(s) : Mr. H. Sarma, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH