Nikhil Konch v. The State of Assam and 5 Ors

ORDER Date : 07.11.2024 (Vijay Bishnoi, CJ)

The instant PIL has been filed by the petitioner, opposing the construction of RCC Commercial Shopping Complex within the Digboi Public Bus Stand, Digboi. It is informed that the construction of the RCC Commercial Shopping Complex within the Digboi Public Bus Stand, Digboi has already been completed. The learned counsel for the petitioner has submitted that before construction of the said RCC complex, one waiting shed for the passengers was there at the bus stand but, the same has been demolished and therefore, the people at large is facing problem since there is no place for the commuters to wait for the buses. The learned counsel for the respondent, Mr. D. K. Sarmah has invited our Page No.# 3/3 attention towards the resolution of the Digboi Municipal Board, Digboi, dated

19.07.2023; wherein, the Board Members, after prolong discussion has decided to demolish the existing waiting shed at the Digboi Public Bus Stand, since it was very small and inadequate to accommodate large number of passengers and decided to construct a new spacious waiting shed in the vacant place at the eastern side of the bus stand as soon as possible. In view of the fact that the construction of the said RCC complex has already been completed and the Municipal Board Digboi has already passed their resolution by constructing a new spacious waiting shed at eastern side of the Digboi Bus Stand, we are of the view that no further order(s) is required to be passed in this PIL petition and the same is therefore, dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010180032023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/57/2023o NIKHILoKONCHo S/OoSRIoPADMADHARoKONCHo R/OoVILL-oKENDUGURIo LAKHIPATHARoBLOCKoAoTOoE,o P.S.oLAKHIPATHARo DIST.oTINSUKIA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-781006. 2:THEoCOMMISSIONERoANDoSECRETARYo oGOVT.oOFoASSAM oURBANoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoCOMMISSIONER oTINSUKIAoDISTRICT oTINSUKIA oASSAM 4:THEoCOMMISSIONER oDIGBOIoMUNICIPALoBOARD oDIGBOI oDIST.oTINSUKIA oASSAM Page No.# 2/3 5:THE EXECUTIVE OFFICER DIGBOI MUNICIPAL BOARD DIGBOI DIST. TINSUKIA ASSAM 6:SRI NAKUL SAIKIA PROPRIETOR OF M.N. ENTERPRISE NEAR ASTC BUS STAND BORBIL NO. 1 DIGBOI DIST. TINSUKIA ASSA Advocate for the Petitioner : MR R K DUTTA, MR. U J SAIKIA,MS M DAS Advocate for the Respondent : GA, ASSAM, MR. P J BARMAN (r-5),MR D K SARMAH (r-5),MS. J DEKA (R-6),MS. A TALUKDAR (R-6) BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR