A. C. Upadhyay, J. -

This Public Interest Litigation has been filed by the petitioners seeking direction against the respondent authorities to stop conversion of "Gol dighi" water tank situated at Silchar town into a market complex and also for a direction to take all necessary steps for pro­tection, preservation and improvement of the said tank, in terms of the resolution adopted in the public meeting held on 22.4.97 at Silchar.

2. We have heard Mr. N. Dhar, learned Advocate appearing for the petitioners, Mrs. B. Goyal, learned G A. Assam, for the State respondent and also Mr. S. Chakraborty, learned counsel appearing on behalf of the respondent, Municipal Board, Silchar.

3. Facts leading to the filing of this PIL may be narrated in brief as follows:

A parcel of land measuring 5 bighas, 3 Kathas, 15 Chattak at Silchar town, covered by Dag R.S. No. 7675, originally belonged to a private owner, Ram Manikya Endow of Silchar. On 20.7.1903 the Deputy Commis­sioner, Cachar, issued a declaration stating therein that the above land is required to be taken over by the Government for public pur­pose, namely for excavating a tank for sup­ply of drinking water and for sanitary improve­ment in Silchar town. Accordingly, after following due process of law, the land in ques­tion was acquired and it was made Government's land. Thereafter, a water tank was excavated in the said land by the Gov­ernment. The said tank was commonly known as 'Goldighi'. It has been stated by the writ petitioner that the said tank, which is situated in the heart of the Silchar town, is in existence for past many years and is being utilized by the local residents and public as a water res­ervoir, for supply of drinking water to the resi­dents. The water in the tank was used during emergency, such as fire incident and draught etc. in the locality. However, it has been al­leged that due to indifferent attitude of the respondent authorities, the aforesaid tank has been degraded and has now virtually become a tank of waste water containing hazardous substances.

4. The petitioner stated that on 22.4.97, in a public meeting of the citizens of Silchar with the representatives of the local adminis­tration and Silchar Municipal Board, adopted a resolution for renovation of the aforesaid tank, namely, 'Goldighi' and a sub-commit­tee was also formed for guidance, to carry out all round development of the water tank. It is alleged by the petitioner that on 9.11.06, an advertisement was issued in the local daily of Silchar by the Vice Chairman of Silchar Municipal Board, for construction of a mar­ket complex over the land of 'Goldighi' and contiguous land. Subsequently, on 30.5.07 the local people, being aggrieved by the destruc­tion of the aforesaid tank, submitted a repre­sentation before the Deputy Commissioner, Silchar praying for prohibiting conversion of the said tank into a market complex and to take steps for preservation and development of the said tank. However, having failed to get response from the authority concerned filed this P.I.L.

5. Mr. Dhar, learned counsel for the peti­tioner submits that protection and preservation of the natural environment and material resources such as lakes, water bodies, rivers etc. are essential for maintenance of delicate ecological balance and healthy environment, which enables the people to enjoy a quality life, which is the essence of the right guaran­teed under Art. 21 of the Constitution of In­dia.

6. In support of his contention, learned counsel referred to a decision of the Hon'ble Supreme Court reported in the case of Hinch lal Tiwari Vs. Kamala Devi & Ors. (2001) 6 SCC 496, wherein their lordships elucidated the scope and ambit of the Article 21 of the Constitution of India, vis-a-vis protection of environment and issued direction to pull down the construction and to vacate the land for development and maintenance of a recre­ational spot in the best interest of the villag­ers. In the aforesaid case decided by the Hon'ble Supreme Co

Click Here to Read the rest of this document