High Court · 2012

The challenge is to the judgment and order dated 02.12.2011 passed in WP(C) No.2 794/2011 rejecting the writ appellant’s/writ petitioner’s assailment of the deci sion of the Sub-Divisional Land Advisory Committee, Jorhat Sadar Sub-Division(f or short hereinafter referred to as the Committee) taken in its meeting held on 28.02.2011 to allot a plot of land measuring 2 Katha 10 Locha covered by Dag No. 9205 of Block No.14 of Jorhat Town to the Jorhat Municipal Board (hereinafter fo r short referred to as the Board) for using the same as a parking stand for taxi /auto van etc. We have herd Mr. D.K. Sarma, learned counsel for the writ appellant, Mr. P.S. de ka, learned State Counsel for Respondent Nos.1,2,3 & 4 and Mr. Y. Doloi, learned counsel for the Board. The pleaded case of the writ appellant, in short, is that the Appellant No.1 is a public spirited organization and had earlier applied for allotment of the afor ementioned plot of land to it in the name of Kushal Konwar Path Bohagi Utsav Udj apon Samity, the same Committee on 04.08.2005 declined to grant the allotment ob serving that the land should not be allotted in the name of any organization or any committee and ought to be reserved as such for open public use. The Committ ee was of the further view that any organization or committee might arrange any function on the plot subject to the permission of the district administration. According to the appellant-organization, this decision was received in the right spirit. However, as the Committee vide its resolution dated 28.02.2011 decided to allot the same land to the Board for the purpose of taxi stand, feeling aggr ieved it approached this Court seeking its intervention for redress. The State respondents in their affidavit through the Addl. Deputy Commissioner, Jorhat while, in substance, admitted the above facts, pleaded that the land was a road side reserve government land, which now and then over the years was being used for celebrating public functions. According to them, this land had never been used as regular playground as it was not a safe location for the children. They maintained further that the road side reserve land cannot be used for the purpose other than for parking of vehicle or for road expansion and it was thus that while sanctioning the allotment of the land in question in favour of the Bo ard, the Land Advisory Committee observed that no construction thereon would be allowed. That the land was situated within the extended area of Jorhat Municipa l Board and located in front of the newly established Jorhat Medical College was stated. It was emphasized that the establishment of the Jorhat Medical College Hospital had per se brought about a radical change in the scenario that existed in the year 2005, when the request for allotment of the land to the Kushal Konw ar Path Bohagi Utsav Udjapon Samity had been declined. The Board, in its affidavit while generally reiterating the above averments of t he district authorities, denied that the land was located within the territorial limits of the No.51 Baghchung Charaibahi Gaon Panchayat as asserted by the writ appellant/writ petitioner. It was contended, in particular that the proposed t axi stand if raised would neither ruin the environment of the locality, nor dama ge the land. The learned Single Judge, on a consideration of the pleadings of the parties and the arguments advanced, declined to interfere, being of the view that the lan d being a government land it was within the exclusive domain and control of the district administration to decide the manner of allotment thereof. It was notic ed that the land was in the close proximity of the Jorhat Medical College Hospit al and that setting up of a taxi stand thereon would be of considerable benefit to the patients, attendants, visitors etc. thereat. That the Land Advisory Comm ittee in allotting the land was conscious about the public interest involved is evident from the restriction on raising of construction on the land was also und erlined. The plea that the land was situated within the limits of No.51 Baghchu ng Charaibahi Gaon Panchayat was also rejected, taking note of the Board’s stand to that effect. According to the learned Single Judge, resolution dated 04.08.2005 of the Land A dvisory Committee refusing to accede to the request of the Kushal Konwar Path Bo hagi Utsav Udjapon Samity could not be construed to be a permanent inhibition fo r the district administration for sanction thereof for any deserving cause. Mr. Sharma has argued, that not only the land involved is the only area availabl e in that locality for recreational and other constructive public purposes, the Jorhat Medical College Hospital authorities have meanwhile of their own taken st eps to set up a parking plot for all concerned and that therefore this factor pe r se cannot be a justification in support of the allotment of the land to the Bo ard for a taxi stand. Mr. Sharma, reiterated the apprehension that if the allot ment of the land for the taxi stand is sustained, it would permanently damage th e condition thereof and the very purpose of nurturing the same over the years w ould be lost for all times to come. He insisted as well that the land though be longs to the government is within the territorial limits of the aforenamed Panch ayat. As the learned Single Judge failed to consider these aspects of the matte r, the impugned judgment and order, according to Mr. Sharma is not sustainable i n law and on facts and is liable to be interfered with. Per contra, the learned counsel for the respondents have insisted that the learn ed Single Judge having rendered the decision impugned on an in depth considerati on of all aspects, no interference of this Court in the instant appeal is calle d for. As the public interest in no manner has been undermined by the impugned r esolution of the land allotment to the Board, the same is unassailable in law. We have considered the rival pleadings as well as the arguments advanced. In co urse of the arguments, Mr. Deka has also produced a copy of the official communi cation No.JRP 8/2011/54 dated 24.02.2012 of the Addl. Deputy Commissioner (Rev), Jorhat furnishing updated instructions. Whereas, the same are in essence in re iteration of the pleadings of the State authorities these indicate that the allo tted area is not only the area for public use for playground as claimed by the w rit appellant/writ petitioner. It has been emphasized that the land involved is situated in Block No.14 of Jorhat town as per revenue records and is not within the limits of No.51 Baghchung Charaibahi Gaon Panchayat. Having regard to the competing pleadings, we are inclined to accept that the lan d allotted to the Board is a government road side reserve land. In that view of the matter, the authority of the Land Advisory Committee to sanction the allotm ent thereof cannot be repudiated. That, meanwhile, the Jorhat Medical College Ho spital has been established in front of the land is an undeniable fact. A demon strable change in the state-of-affairs since the year 2005 had thus occurred. Th e resolution dated 28.02.2011 of the Sub-Divisional Land Advisory Committee dese rves extraction for immediate reference. (cid:28)The Committee approved the proposal for allotment of land measuring 0B-2K-10L c overed by Dag No.9205 Block No.14, Jorhat Town 3 No. Mouza Jorhat Municipal Boar d to use as parking stand of Taxi/Auto/Magic Van etc. However there cannot be a ny construction and the people of the locality are to be allowed to use the spac e for holding Puja/Bihu function etc. without any charge (cid:29). It would be apparent from the quoted text that while approving the proposal for allotment of the land mentioned therein in favour of the Board for the use there of as parking stand of Taxi, Auto, Magic Van etc. a clear cut restriction has be en imposed on any construction thereon and the people of the locality have been left at liberty to use the same for holding public functions without any charge. A bare perusal of the above resolution of the Sub-Divisional Land Advisory Commi ttee, according to us demonstrates that the allotment of the land has been made for a restricted use thereof by the Jorhat Municipal Board with a conscious proh ibition on construction thereon so as to enable the members of the public of the locality to use the same for functions without any charge. There is, as such no absolute prohibition on the use thereof also by the members of the public for holding such functions and other activities which, according to our contemplati on do not exclude sports and games by children. Having regard to the fact that the land is a road side reserve government land a nd the authority of the State administration to decide on the allotment thereof, we are of the view that the impugned decision of the Sub-Divisional Land Adviso ry Committee’ resolution dated 28.02.2011 cannot per se to be said to be the opp osed to public interest. While appreciating the concern expressed by the appell ant-organization against the proposed manner in which the land is sought to be p ut to use, in our comprehension the State respondents had been mindful of public interest in allotting the land to the Board. The fact that the taxi stand in t he vicinity of the Jorhat Medical College Hospital would also cater to public ex igencies cannot be lightly brushed aside. The learned Single Judge, in our view had rightly taken note of all relevant aspects in arriving at the conclusions r ecorded in the impugned judgment and order. We do not find any cogent and con vincing to differ therefrom. The appeal, is therefore dismissed. Before we part, we however make it clear that the Board if intend to use the lan d for the taxi stand, it would strictly adhere to and abide by the conditions as incorporated in the resolution dated 28.02.2011 of the Committee. No costs.