IMPORTANT POINT
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.

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 local people, so as to enable public in the locality to use the land for community purposes. In the meantime, a complaint regarding the same graveyard was filed before the Assam Human Rights Commission by few residents of the locality.

4. The jurisdictional District Magistrate, in terms of the pendency of the aforesaid complaint, withdrew the Declaration Order dated 25.10.2005. Therefore, the Assam Human Rights Commission, by Order dated 22.02.2006, disposed of the complaint by holding that the jurisdictional Deputy Commissioner, being the custodian of the Government land is the competent authority to pass necessary orders as regards the complaint lodged by the local residents alleging illegal and unauthorized extension of the subject Cemetery.

5. Pursuant to the aforesaid order of the Assam Human Rights Commission, the jurisdictional District Magistrate, by Order dated 27.11.2006, re-issued his earlier order, i.e. Order dated 25.10.2005 for implementation by the concerning parties. Aggrieved by the above, the authorized representative of St. Josephs Catholic Church and Church of North India Cherist Church (CNI) filed a petition under Article 226 of the Constitution of India before this Court being WP(C) No.6202/2006, wherein by representing the entire Christian population subjected to the above 2(two) Churches residing in inner Guwahati city assailed the aforesaid orders dated 25.10.2005 and 27.11.2006 passed by the respondent No.2.

6. In the aforesaid writ proceedings, the learned Single Judge, by judgment & order dated 24.03.2014, rejected the said prayer of the petitioners. Accordingly, the present appeal has been preferred. Pertinent that this Court, while admitting the present appeal by order dated 04.08.2014, directed continuing of the interim order passed by the learned Single Judge by order dated 15.12.2006 in the said writ petition, staying the operation of the impugned order dated 27.11.2006.

7. During the pendency of the said appeal, the respondent Nos.5 to 8 lodged a complaint before the Deputy Commissioner, Kamrup (M), alleging illegal extension of subject Christian burial site in the land covered by Dag No.181 and in pursuance of the same, the respondent authorities issued a notice of hearing to the petitioners on 13.09.2021. Thereafter, the jurisdictional Deputy Commissioner, Kamrup (M), after hearing both the concerned parties, by order dated 12.11.2021, observed that the subject Cemetery does not have right to initiate a fresh construction work in the nature of erecting boundary wall over the subject land and thereby directed the Cemetery in question to remove all the fresh construction over the subject plot of land.

8. Being aggrieved with the said order, the petitioners filed WP(C) No.6710/2021. Pertinent that this Court, by order dated 1