Page No.# 1/9 GAHC010039592025 2025:GAU-AS:7115 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1062/2025 ABDUL JABBAR S/O- LATE SAMSUDDIN VILL PANDHOWA, PO- GORCHIGA 2: HAIDUL ISLAM SON OF NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA 3: HAJRAT ALI SON OF LATE NABAB ALI VILL NO.2 BORCHALA POST OFFICE BORCHALA 4: CHADIKUL ISLAM SON OF ABUL HUSSAIN VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 5: MD. FAZAR ALI SON OF LATE NABAB ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 6: FAKHAR UDDIN SON OF LATE NABAB ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 7: MANNAS ALI SON OF LATE KASEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 8: KUBBAT ALI SON OF LATE MOHAMMAD ALI Page No.# 2/9 VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 9: MAINUL HOQUE SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA 10: AJAHARUL ISLAM SON OF LATE SAMSUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 11: RIAJUL ISLAM SON OF LATE SAMSUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 12: ABDUL JOLIL SON OF URMOS ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 13: SIRAJUL HOQUE SON OF LATEHASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 14: MOSFIQUR RAHMAN SON OF NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA 15: ATAUR RAHMAN SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA 16: ANECHA BEGUM WIFE OF ATAUR RAHMAN VILLAGE PANDHOWA POST OFFICE GORCHIGA 17: SAHAB UDDIN SON OF KUBBAT ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA Page No.# 3/9 18: MAINUL HOQUE SON OF LATE HASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 19: JAIDA KHATUN WIFE OF LATE FAZLUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 20: AINUL HOQUE SON OF LATE HACHEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 21: FARIZ UDDIN SON OF LATE ICHAB ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 22: HOQUE JASMIN SULTANA DAUGHTER OF NURUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 23: CHAFIQUL ISLAM SON OF ABDUL JABBAR VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 24: AHMED ALI SON OF LATE ISMAIL ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 25: AHED ALI SON OF LATE IBRAHIM ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 26: ABDUL ROSHID SON OF ABDUL SAMAD VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 27: ABDUR REJJAK SON OF ISMAIL ALI VILLAGE NO.2 BORCHALA Page No.# 4/9 POST OFFICE BORCHALA 28: NUR MOHAMMAD SON OF LATE NAYEB ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 29: HABIJUL ISLAM SON OF LATE KHECHU SHEIKH VILLAGE PANDHOWA POST OFFICE GORCHIGA 30: SAHERA KHATUN WIFE OF LATE HASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 31: ZAKIR HUSSAIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 32: SADIKUL ISLAM SON OF ABDUL JABBAR VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA 33: ABDUL BAREK SON OF KASEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 34: MOFIDUL ISLAM SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 35: BAHARUL ISLAM SON OF HAJRAT ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 36: SAFIKUL ISLAM SON OF HAJRAT ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 37: SAINUL HOQUE Page No.# 5/9 SON OF HUSSAIN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA 38: ALIM UDDIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 39: KHOMIR UDDIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA 40: HARBUL ISLAM SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA 41: MASIKUL ISLAM SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA ALL THE PETITIONERS ARE RESIDENTS UNDER POLICE STATION NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSAM PIN 78705 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI, 781006 2:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT ASSAM DISPUR GUWAHATI 781006 3:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY TO BE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER DISPUR GUWAHATI 781006 Page No.# 6/9 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVERNMENT OF ASSAM 5TH FLOOR WATER CENTRE BASISTHA GUWAHATI 781029 5:THE ADDITIONAL CHIEF ENGINEER NORTHERN ASSAM WATER RESOURCE ZONE WATER RESOURCE DEPARTMENT LAKHIMPUR ASSAM 787031 6:THE EXECUTIVE ENGINEER WATER RESOURCE DIVISION NORTH LAKHIMPUR LAKHIMPUR ASSAM 787031 7:THE DISTRICT COMMISSIONER LAKHIMPUR DISTRICT LAKHIMPUR PIN 787031 8:THE CIRCLE OFFICER NOWBOICHA REVENUE CIRCLE LAKHIMPUR ASSAM 78703 Advocate for the Petitioner : MR ROBIUL HOQUE, MRS. R MOMTAZ,H M I HOQUE Advocate for the Respondent : GA, ASSAM, SC. WATER RESOURCE DEPTT.,SC, REVENUE Page No.# 7/9 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 02-06-2025 1. Heard Mr. A.I.Uddin, learned counsel for the petitioners and Ms. P.R.Mahanta, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 & 3. Also heard Mr. R.M.Das, learned Standing counsel, Water Resource Department for the respondent Nos. 2, 4, 5 & 6 and Mr. J. Handique, learned State counsel for the respondent Nos. 7 & 8. 2. The petitioners have inter alia contended that a project for diversion of Singra River, namely, “River training works along with construction of new embankment and anti- erosion measures to resolve perennial flood inundation problem of Singra River” at Gelahati area is being undertaken and it contemplated to cover periodic patta lands belonging to the petitioners herein without undertaking any kind of land acquisition process. 3. An affidavit has been filed by the respondent No. 7, inter alia contending that if the construction is carried out, some patta lands may be required. 4. However, Mr.Das, learned Standing counsel, Water Resources Department, has produced before the Court copy of the minutes of the meeting on “Flood Preparedness” held on 14.05.2025 at the Conference Hall, 1st Floor, Assam Water Centre, Basistha, Guwahati and has submitted that the resolution has been taken at paragraph 13 of the said Minutes of the meeting dated 14.05.2025, which goes to show that after review of the progress and current status of the scheme, for partial fulfillment of the scheme’s goal, no further expenditure should be incurred and the scheme is formally closed. Page No.# 8/9 5. In view of the aforesaid, learned counsel for the petitioners submits that if the project is closed, they will have no grievance, however, this writ petition may be closed with a liberty to the petitioners to file fresh petition as and when any cause of action arises for the aforesaid project. 6. Heard the learned counsels for the parties and perused the Minutes of the meeting dated 14.05.2025 and the relevant portion of the aforesaid Minutes of the meeting is quoted herein below:- “13. Decision to Foreclose the scheme on Singra River at Gelahati Area: The House reviewed the progress and current status of the scheme titled “River training works along with construction of new embankment and anti-erosion measures to resolve the perennial flood inundation problem of Singra river at Gelahati area” under North Lakhimpur Water Resources Division. After detailed deliberation, it was decided to foreclose the scheme, as the primary objective of the project draining out stagnant water through channel excavation has already been achieved. The completed portion of the work effectively mitigated the immediate water logging issues in that area. However, remaining component of the project, namely the construction of a new embankment could not be taken up due to local resistance towards land acquisition, as the residents are unwilling to part with their land. Given the circumstances and the partial fulfillment of the scheme’s goal, House resolved that no further expenditure should be incurred, and the scheme formally closed.” 7. In view of the aforesaid, this Court is of the considered opinion that there is no scope of further adjudication in this writ petition, accordingly, the present petition stands closed. However, the petitioner shall be at liberty to approach this Court or any other forum available to that effect, if they are aggrieved by the action of the authorities, including the Page No.# 9/9 issue raised in the present writ petition. 8. Copy of the minutes of meeting dated 14.05.2025, be kept on record. JUDGE Comparing Assistant