Page No.# 1/4 GAHC010216792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/45/2025 RAHUL ROY RESIDENT OF BOYS VILLA UKILPATTY, P.O- SILCHAR, P.S- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788001 VERSUS 1.THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE SILCHAR MUNICIPAL BOARD CACHAR SILCHAR REPRESENTED BY ITS CHAIRMAN SILCHAR ASSAM PIN 781019 3:THE EXECUTIVE OFFICER THE SILCHAR MUNICIPAL BOARD SILCHAR CACHAR 4:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN 788001 5:THE PRINCIPAL GOVT. GIRLS HIGHER SECONDARY SCHOOL CLUB ROAD SILCHAR WARD NO 6 PIN- 78100 For the Petitioner(s) : Ms. S.B. Choudhury, Advocate. For the Respondent(s) : Mr. D.K. Sarmah, Additional Senior Government Advocate, Assam for respondent Nos.1 & 4. : Mr. S. Dutta, Senior Advocate for respondent Nos.2 & 3. Page No.# 2/4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 22.10.2025 (Ashutosh Kumar, CJ) This Public Interest Litigation (PIL) is directed against the extension of the Government Girls’ Higher Secondary School in Silchar; which construction, according to the petitioner, is being carried out in an illegal and unauthorized manner without necessary governmental clearances. The charge against the school is that the extension of the school building is proposed to be carried out right up against a municipal drain and extending beyond. The apprehension of the petitioner is that with such construction being completed, the public drain could be blocked; which might lead to artificial flooding and other health hazards. The matter was brought to the notice of the Executive Officer, Silchar Municipal Corporation, who was satisfied that the necessary construction permissions from the authorities were not taken and, therefore, the construction made so far was directed to be modified as per the building byelaws [Assam Unified Building Construction (Regulation) Byelaws, 2022]. The necessary modification was directed to be brought out within 60(sixty) days of receipt of the order dated 19.09.2025 passed by the Executive Officer, Silchar Municipal Corporation, referred to above. The contention of the petitioner is that no such modification has Page No.# 3/4 been made uptil now. Mr. S. Dutta, learned Senior Advocate for the Silchar Municipal Corporation submits that necessary instructions shall be taken from the Corporation before addressing this Court on the next date. He however, concedes that the order dated 19.09.2025 does not, in strict terms, speaks of the requirement of modification/demolition of that part of the building, which is without the necessary clearance from the respective Government departments. As would be necessary, Mr. Dutta submits, a fresh order is required to be passed by the concerned authority after hearing both the sides. We, therefore, consider it expedient to dispose off this PIL petition by directing the petitioner; the principal of the School in question; and the senior functionaries of the Samagra Siksha, Assam, which finances the construction of the school, to be present before the Executive Officer, Silchar Municipal Corporation on a date to be fixed by him, which shall be communicated to the afore-noted persons, whereafter a detailed order shall be passed. Mr. Dutta, learned Senior Advocate shall inform the Executive Officer, Silchar Municipal Corporation about the present order and the obligation to inform the parties of the date when the matter shall be heard and necessary direction shall be issued. While passing the order, after hearing the parties, the Executive Officer, Silchar Municipal Corporation shall also look into whether the construction activities were carried out despite stoppage of the work Page No.# 4/4 order by the Corporation and in case, it is found necessary, coercive steps shall be directed to be taken. The PIL petition stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant