Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL/12/2025 Nabam Tama and Anr Son of Late Nabam Tam, resident of Palin Town, PO and PS Palin, Kurung Kumey District, Arunachal Pradesh. presently residing at Forest Colony near Wildlife Warden Office, G Sector Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. 2: Nabam Tagam Age: Occupation : Son of Nabam Merch resident of Model Village near Govt Higher Secondary PO and PS Naharlagun Papum Pare District Arunachal Pradesh VERSUS The State of AP and 6 Ors represented by the Chief Secretary, Itanagar. 2:The Principal Secretary (Forest) Age: 0 Occupation : PWD Govt of Arunachal Pradesh Itanagar. 3:The Chief Engineer PWD Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. Page No.# 2/4 4:The Principal Chief Conservator of Forest Age: 0 Occupation : Govt of Arunachal Pradesh Banderdewa PO and PS Banderdewa Papum Pare District Arunachal Pradesh. 5:The Division Forest Officer Age: 0 Occupation : Banderdewa Govt of Arunachal Pradesh PO and PS Banderdewa Papum Pare District Arunachal Pradesh. 6:The Range Forest Officer Age: 0 Occupation : Banderdewa Govt of Arunachal Pradesh Papum Pare District Arunachal Pradesh. 7:M/s Kenge Construction Company Age: 0 Occupation : E Sector Narba Colony Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh represented by its proprietor Shri Ha Tadu Son of Late Ha Tama resident of ESS Sector PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Chorpok Modi, Biri Esther,Tadar Bai,Wanglat Khomrang,Nannu Yubi,Maklek Lego,Tame Rimi,Uttam Deka,T Nikam Advocate for the Respondent : GA (AP), Maji Dui
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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 03.06.2025 (N. Unni Krishnan Nair, J.)
Heard Mr. C. Modi, learned counsel for the petitioners and Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for the State respondents. 2. This present PIL petition has been instituted by the petitioners, namely, Shri Nabam Tama and Shri Nabam Tagam, raising a grievance with regard to the construction of double lane road to provide airport connectivity from Donyi Polo Airport, Itanagar to Naharlagun Railway Station via Sonajuli and Durpang, without compliance of the Forest Regulation. 3.
On perusal of the contentions made in the PIL petition, we have noted that the present PIL has been instituted in clear violation of the provisions of the Gauhati High Court (Public Interest Litigation) Rules, 2011 (hereinafter referred as the Rules of 2011). 4. On a pointed query, Mr. Modi, learned counsel for the petitioners has submitted that the provision of the said Rules of 2011 has not been complied with by the petitioners in filing the present PIL petition. Mr. Modi further submits that the requisite particulars for sustaining the grievance raised in the present PIL petition has also not been disclosed in the present petition. 5. We are of the considered view that the present PIL petition has been instituted for the purpose of initiating a roving inquiry in the matter, inasmuch as the petitioners have failed to bring on record the requisite particulars in the matter. Page No.# 4/4
6. Mr. Modi, learned counsel for the petitioners also submits that for sustaining the grievance raised in the present PIL petition, the petitioners would be required to file better particulars. Accordingly, Mr. Modi, in view of the above lacuna existing in the present PIL petition, has submitted that he may be permitted to withdraw the present PIL petition with liberty to refile the same by complying the provisions of the said Rules of 2011. 7. While accepting the submission of Mr. Modi, learned counsel for the petitioners, we are of the view that for filing the present frivolous PIL petition, in clear violation of the abovementioned Rules, it is required to impose a cost upon the petitioners. 8. Accordingly, a cost of Rs. 5,000/- is imposed upon the petitioners and the said amount shall be deposited by the petitioners in the account of the Gauhati High Court Itanagar Permanent Bench Bar Association, within a period of 1 (one) week from today. 9.
Subject to the above direction for payment of cost, this PIL petition stands dismissed on withdrawal with liberty as prayed for. JUDGE JUDGE Comparing Assistant