Assam: Gauhati High Court Terms Dispur’s Affidavit ‘a Sorry State of Affairs’

Staff Reporter

GUWAHATI: Terming an affidavit submitted by the Assam government 'a sorry state of affairs, a division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam rued the fact that instead of clarifying the stand of the State Government on a PIL, the deponent has simply mentioned certain facts that are already brought on record by the respective parties.

"It is a very sorry state of affairs that when this Court has directed the State Government to clarify its stand on the issue raised, an additional affidavit is filed on behalf of the state in a very casual manner. It is a serious matter where the authorities are taking the orders of this court lightly or in a casual manner. On a pointed query made by us, learned counsel for the State has failed to satisfy this Court and also has not been able to clarify the stand of the State Government. Hence, we are left only with the option to direct the state government to file an elaborate affidavit to clarify its stand by the next date of hearing. We make it clear that if the State fails to clarify its stand on the issue, this Court will be forced to summon the Secretaries of the respective departments to appear before this Court," the bench said.

This PIL (17/2021) petition is filed by the petitioners, essentially being aggrieved with the decision of the Silchar Municipal Board (SMB) allowing the private respondent, Assam Progressive Developers Limited, to set up an amusement park in the Gandhibag Park managed by the Silchar Municipal Board. The petitioners have raised a grievance that with the setting up of the amusement park in Gandhibag Park, the nature of the park would be changed, and it may be detrimental to the general public of the Silchar city. The petitioners have contended that certain irregularities and illegalities have been committed by the Silchar Municipal Board while granting permission to the private respondents to set up the amusement park in Gandhibag Park.

This contention is opposed by the private respondents as well as the Silchar Municipal Board. However, looking into the nature of the controversy involved, this Court, through an order issued on May 30, 2024, has directed the State to clarify its stand in respect of the controversy involved. Thereafter, further opportunity has also been granted to the State to clarify its stand. Pursuant to that, an additional affidavit is filed on behalf of the Additional Secretary to the Government of Assam, Department of Housing and Urban Affairs, Secretary to the Government of Assam, Urban Development Department. The affidavit has failed to satisfy the court about the queries it had made. and Joint Secretary to the Government of Assam, Urban Development Department. However, the affidavit has failed to satisfy the court about the queries it had made.

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