2011 Supreme(Gau) 856
GAUHATI HIGH COURT
Amitava Roy,H.Baruah, JJ.
Riju Prasad Sarma & Ors. -Appellant
Versus
State of Assam & Ors. -Resopndent
Writ Appeal No. 311,312 of 2004 & Writ Petition (C)No. 923 of 2005
Decided On : 25-10-2011
Advocates appeared for the Appellant:Mr. AK Bhattacharjee, Sr, Advocate, Mr. S Sarma, Mr. DK Mishra, Sr. Advocate, Ms S Jahan, Mr. DK Mishra, Sr. Advocate, Ms S Jahan., Advocates appeared for the Respondents. Mr. BC Das, Sr. Advocate Mr. P Pathak, Sr. Advocate Mr. CK Sarrna Baruah, Sr. Advocate, Mr. S Shyam, Mr. B Sarma, Mr. KN Chowdhury, Addl. A.G, Assam, Mr. AC Buragohain, Addl. A.G, Assam, Mr. PS Deka, G.A., Assam
Headnote:
Constitution of India – 1950 - Articles 25 and 26 - Civil Procedure, Code 1908 – Section 11 & 92 - professed object principal Act - Section 25A - Amendment Act 1987 - Section 25 - Evidence - Claim - Elections -Deity well has been made to figure in legal wrangle encompassed in bid to nullify provisions of Assam State Acquisition of Lands Belonging to Religious Charitable Institutions Public Mature Act for short here in after referred to as Act with its amendment in year integrating Section thereto - Constitutional validity this enactment as whole has been impeached – Held, Amount deposited by State Government in Registry this Court compliance of order if still available for payment to institution as per banking norms would stand adjusted against final amount compensation permanent annuity - This exercise would be completed in strict compliance of Act and Rule - Result having regard to determinations made on various issues discussed hereinabove challenge to validity of Act including Section thereof fails - Assailment of impugned judgment and order also lacks in substance – Order accodringly
This adjudicative pursuit beholds a triangular orientation of competing assertions centering around the centuries old religious institution adorned by the globally reverred deity, Shri Shri Maa Kamakhya nestled in the verdant Nilachal Hills overseeing the mighty river Brahmaputra from its southern bank. The aforementioned appeals mount a challenge to the judgment and order dated 6.8.2004 rendered in WP(C) No. 5385/2000 along with WP(C) Nos. 6184/2000 and 2955/2002. The deity as well has been made to figure in the legal wrangle encompassed in WP(C) 935/2005 in a bid to nullify the provisions of the Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Mature Act, 1959 (for short, hereinafter referred to as 'the Act') with its amendment in the year 1987 integrating Section 25A thereto. The constitutional validity of this enactment as a whole has been impeached.
2. Whereas the appellant in W.A. No. 311 /2004 was the writ petitioner in WP(C) No. 5385/2000 representing himself to be an administrator of the Kamakhya Debutter (hereinafter also referred to as "the Kamakhya Debutter Board/ Board"), one Sri Kamal Chandra Sarma [petitioner No. 1 in WP(C) 6184/2000] designating himself to be Chairman of the Board has lifted the cudgel against the aforementioned decision in W.A. No. 312/2004. In view of their interpositions, the petitioners(s)/ appellant(s) have been referred to hereinafter in the alternative.
3. We have heard Mr. DK Mishra, Senior Advocate assisted by Ms. S Jahan, Advocate for the petitioner in WP(C) No. 935/ 2005 as well as for the appellant in W.A. No. 312/2004; Mr. AK Bhattacharjee, Senior Advocate assisted by Mr. S Sarma, Advocate for the appellants in W.A. No. 311/2004; Mr. AC Buragohain, Addl. Advocate General, Assam and Mr. PS Deka, learned Govt. Advocate, Assam for the State respondents as well as Mr. BC Das, Senior Advocate; Mr. P Pathak, Senior Advocate, Mr. C.K. Sarma Baruah (since deceased) assisted by Mr. S Shyam and Mr. B Sarma, Advocates for the private respondents.
4. Before being enmeshed in the contentious pleadings, expedient it would be to briefly trace the overwhelming and phenomenal historical background of the hallowed site of international repute presided over for the time immemorial by the omnipotent deity Shri Shri Kamakhya. The factual backdrop is unquestioned and finds a felicitous and explorative narration in the judgment dated 25.2.1931 passed by the Special Sub Judge, Assam Valley Districts at Guwahati in Title Suit No. 45 of 1927. A skeletal reproduction therefrom with this acknowledgement would suffice the present endeavour.
5. From time immemorial their existed a Peetha or jyonimudra (sacred sign/ emblem) of Goddess Shri Durga venerably known as Shri Kamakhya in the Nilachal Hills situated on the south bank of river Brahmaputra in the State of Assam. With this shrine as the principal deity, several other subsidiary pecthas or shrines surfaced around it being located all over the aforenamed hill. The discovery of these peethas or shrines had been gradual with time. Mythology traces construction of the temples with walls and stone stairs uphill to the engineering feats of King Narakasura, thus, making the location known and accessible. After the vandalic invasion of the Kamakhya Hill by Kalapahar of Bengal, as the history testifies, the Koch Dynasty during its prime held its sway over the whole of Kamrup. It was King Naranarayana who then rebuilt the Kamakhya Temple and introduced a regular scheme of worship, thus, streamlining the then prevailing disorderly state of affairs. With the emergence of the Ahom regime, five upper districts in the Brahmaputra Valley including Kamrup with the Nilachal Hills came under its rule. Since then till the advent of British in Assam in 1826, the Ahom Kings controlled and supervised all the affairs of the Kamakya Institution which had developed into a Tirtha-a supreme site of divine