AMIR HAMZA AND ANR v. THE STATE OF ASSAM AND 9 ORS
PIL/38/2025 · 2025-08-28
Arun Dev Choudhury
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18466 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18466 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010193772025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/38/2025 AMIR HAMZA AND ANR S/O- IMAN ALI, R/O- NC NO. 1 ARIMARI, BAHABARI, PIN- 784115, DIST. DARRANG, ASSAM 2: MOHAMMAD ALI S/O- HAZRAT ALI R/O- VILL.- SHYAMPUR CHAPARI (PART) P.O. DALGAON GRANT PIN- 784116, DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, DISPUR, ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM WOMEN AND CHILD DEVELOPMENT DEPARTMENT DISPUR, ASSAM 3:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-1. 4:THE DISTRICT SOCIAL WELFARE OFFICER DARRANG ASSAM, PIN- 784116. 5:DISTRICT COMMISSIONER DARRANG ASSAM
Page No.# 2/4 PIN- 784125. 6:OFFICE OF THE DISTRICT COMMISSIONER DARRANG (TRANSFORMATION AND DEVELOPMENT BRANCH) PIN- 784125 ASSAM 7:THE CHILD DEVELOPMENT PROJECT OFFICER DALGAON ICDS PROJECT DARRANG ASSAM 8:CIRCLE OFFICER DALGAON REVENUE CIRCLE PIN- 784116 ASSAM 9:GOVERNMENT GAON PRADHAN OF VILLAGE NO. 1 2, 3 AND 4 SHYAMPUR ROWMARI CHAPORI KERANI CHAPORI PIN- 784116 ASSAM 10:SMT. GULAP JAN BEGUM CURRENTLY WORKING AS WORKER AT NO. 4 SHYAMPUR PT-IV AWC NO. 394 DALGAON DARRANG For petitioner/applicant(s) : Mr. P.R. Sharma, Advocate For respondent(s) : Mr. P. Saikia, Advocate – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 29.08.2025 (Ashutosh Kumar, CJ)
Pursuant to a Government Notification dated 10.02.2022, an Anganwadi Level Construction Committee for execution of construction works of the Anganwadi building
Page No.# 3/4 in question was reconstituted and the site for construction of the Anganwadi Centre in question was relocated at another place which, according to the petitioner, is at the far extremity in the village, which will make it inaccessible to pregnant women and children. It appears that an Anganwadi Centre was already in existence at Dalgaon, Darrang over a government land, which is sought to be relocated at Konakatapara. This is being objected to on the ground that earlier a communication had been issued by the Ministry of Women and Child Development, Government of India, to all the Secretaries in-charge of ICDS in all the States/Union Territories indicating the manner in which Anganwadi Centres would be located.
The concern of the Department in the Government of India was that all uncovered areas should come within the ICDS Scheme and that in case of any change in site/location of such Anganwadi Centres, the State would ensure that the relocation is done in such a manner that the existing Anganwadi workers would not be required to travel for more than 5 Kilometres in case of urban areas; 3 Kilometres in rural areas and 1.5 Kilometres in tribal areas. The Anganwadi Centre should also be at such a place where there would be availability of adequate land, building, water facilities and the Anganwadi Centre should also be easily accessible to even pregnant women and children. It appears that the plan for relocation was made earlier and the construction of the new Anganwadi Centre is already in progress. Nothing has been brought on record by the petitioner to demonstrate that such relocation is beyond the directives issued by the Ministry of Women and Child Development, Government of India. The petitioner rests his submissions on an unsupported/bald allegation that the changed location would not be accessible to pregnant women and children, though the new location would be less than 3 Kilometres from the earlier location. Page No.# 4/4
The earlier representation made by the petitioner before the Child Development Officer concerned, actually voiced a different concern, not related to the location of the site of the Anganwadi Centre in question. This petition thus appears to be a vested interest litigation and is not fit to entertained. The PIL petition is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant