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VIJAY BISHNOI, KAUSHIK GOSWAMI
Father Marcus Lakra Parish Priest, Son of Late Basil Lakra – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(KAUSHIK GOSWAMI, J)
Heard Mr. R.P. Kakoti, learned Senior Counsel, assisted by Mr. A.B. Dey, learned counsel for the appellants in Writ Appeal No.225/2014 and Mr. A. Dhar, learned counsel appearing for the petitioner in WP(C) No.6710/2021. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam appearing for the State respondents and Ms. S. Sarma, learned counsel appearing for the respondent Nos.6, 7 & 8.
2. The present appeal is presented against the impugned judgment & order dated 24.03.2014 passed by the learned Single Judge in WP(C) No.6202/2006, whereby the prayer of the appellants/writ petitioners for setting aside the impugned declaration of the Christian Cemetery in question as a Heritage site was rejected.
3. The facts relevant in this appeal are that the District Magistrate, Kamrup (M), by order dated 25.10.2005, declared the Christian Cemetery located on Dag No.183 of Sahar Guwahati Part-VII as Heritage site and directed that further burial shall not be allowed. It was further directed that the vacant Government plot of land measuring 8.48 acre covered by Dag No.181 of Sahar Guwahati Part-VII be kept as an open space in the interest of loc
The declaration of the Christian Cemetery as a Heritage site was illegal due to non-compliance with statutory procedures under the Assam Ancient Monuments and Records Act, 1959.
A court may grant leave to institute a suit without notice under Section 80(2) CPC if urgent relief is necessary, and the appointment of an Advocate Commissioner for local investigation is valid and ....
The court established that compliance with statutory procedures is essential for the declaration of heritage properties, and property owners have the right to contest such classifications.
Amendments to include new parties in a pending suit are permissible if they clarify existing claims without introducing new causes of action, ensuring effective adjudication.
The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.
The appellate court ruled that reliance on unexhibited documents was improper, reaffirming the statutory restrictions on activities in protected areas and the necessity for proper evidence in substan....
Amendments to pleadings in civil suits should be allowed if they facilitate proper adjudication and do not introduce a new cause of action.
The court affirmed the priority of public interest in preserving historical monuments over private construction rights, ruling unauthorized constructions after necessary prohibitions as invalid.
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