Page No.# 1/4 GAHC010261232017 2025:GAU-AS:7294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/34/2017 KALPANA MAZUMDR HAZARIKA and ANR. D/O. LT. ARABINDA MAZUMDAR, PERMANENT RESIDENT OF HOUSE NO. 5, PUB SARANIA MAIN ROAD, P.S. CHANDMARI, GUWAHATI, KAMRUPM, ASSAM, PIN. 781003. 2: SHRI RAJESH MAZUMDAR S/O. LT. A. MAZUMDAR RESIDENT OF HOUSE NO. 5 PUB SARANIA MAIN ROAD P.S. CHANDMARI GUWAHATI KAMRUPM ASSAM VERSUS THE STATE OF ASSAM and 4 ORS. THROUGH THE COMMISSIONER and SECRETARY, REVENUE and DISASTER MANAGEMENT DEPTT. AND CHIEF EXECUTIVE OFFICER, ASSAM STATE DISASTER MANAGEMENT AUTHORITY, DISPUR, GUWAHATI, ASSAM, PIN. 781006. 2:THE COMMISSIONER and SPECIAL SECRETARY PUBLIC WORKS ROADS DEPTT. DISPUR GUWAHATI ASSAM PIN. 781006. 3:THE DEPUTY COMMISSIONER and CHAIRMAN DIST. DISASTER MANAGEMENT AUTHORITY Page No.# 2/4 KAMRUP METROPOLITAN DISTRICT GUWAHATI KAMRUP METROPOLITAN DISTRICT ASSAM PIN. 781001. 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI KAMRUPMETROPOLITAN DISTRICT ASSAM PIN. 781001. 5:THE EXECUTIVE ENGINEER PUBLIC WORKS ROADS DEPTT. GUWAHATI CITY DIVISION III BAMUNIMAIDAM GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN. 781021 Advocate for the Petitioner : MR.K N CHOUDHURY, MR.M MAHANTA,MR.H BEZBARUAH,MR.P D NAIR Advocate for the Respondent : MR P S DEKA, SC, REVENUE AND DISASTER MANAGEMENT DEPARTMENT(R-1 & 3), MR R DHAR, SC, PUBLIC WORKS DEPARTMENT ROADS (R-2 & 5),GA, ASSAM,SC, PWD (ROADS) BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 04.06.2025 1. Heard Mr. K N Choudhury, learned Senior counsel assisted by Mr. Deka, learned counsel of for the petitioners. Also heard Ms. P Mahanta, learned counsel for the respondent No. 1, Mr. D Nath, learned counsel for the respondent Nos. 2 and 5 and Ms. M Barman, learned counsel for the respondent Nos. 3 and 4. Page No.# 3/4 2. The petitioners are residents of the locality of the Pub-Sarania, Guwahati City. An order dated 05.12.2016 (annexure-8) was passed by the respondent No. 4 indicating that the respondent No. 5 i.e. Executive Engineer, PWD (Roads) has prepared a detailed plan and estimate to construct one side RCC footpath cum drain and other side RCC drain cum road to drain out the logged water during the rainy season in the locality of Pub-Sarania, where the petitioners are inhabitants. The aforesaid order is quoted hereinbelow. “Now, for the greater interest of the public in general, I, Dr. M Angamuthu, IAS, Deputy Commissioner, Kamrup (M) and Chairman District Disaster Management Authority, Kamrup Metropolitan District under the powers conferred upon me under the Disaster Management Act, 2005 under Section 30.2(iii), (v), (xviii), (xix), (xxii), (xxiii) of the Act directs Executive Engineer, PWD (R) Guwahati City Division III and the Circle Officer, Guwahati Revenue Circle to clear all the blockages which are causing obstruction in free flow of the rain water to mitigate the hardship of the people residing in that area nearby caused due to water logging Pub-Sarania area.” 3. The petitioners apprehending that, if in term of the said order and plan and estimate prepared by the respondent No. 5, the work is carried out to clear the blockages, same might result in taking over a part of the petitioners’ patta land from their frontage. 4. In the aforesaid backdrop, this court while issuing notice of motion, under its order dated 04.01.2017 provided that until further order, status quo as on the said date, shall be maintained with respect to the property of the petitioners. 5. The Deputy Commissioner cum Chairman, Disaster Management Authority, Kamrup, Assam has filed an affidavit and has taken stand that PWD (Roads), Guwahati City Division-III, reported to the said authority i.e. District Disaster Page No.# 4/4 Management Authority that the construction of RCC drain cum road is hampered by 10 numbers of residents of Pub-Sarania area, who are not agreeing to spare little strips of their lands for the project. It is his further stand that a meeting was held in the office of the Deputy Commissioner in the presence of Pub Sarania Unnayan Samittee and Circle Officer, Guwahati Revenue Circle and after discussion an amicable solution in that regard was arrived and a joint inspection was conducted in the site. 6. Mr. D Nath, learned standing counsel for the Public Work Department submits that though the Department has not filed any affidavit, he has instruction to submit that drain and road has already been constructed, without taking any land of the petitioners and therefore, as on date they have no requirement of any patta land of the petitioners. 7. In view of the aforesaid stand, Mr. Choudhury, learned Senior counsel submits that this writ petition may be closed, however, they may be given a liberty to approach this court if any grievance arises. 8. Accordingly, the writ petition stands closed with the liberty as prayed for. The interim order stands vacated. Parties to bear their own costs. JUDGE Comparing Assistant