GAHC010039522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1057/2025 NAGARJHAR CHILDRENS CLUB AND LIBRARY A REGISTERED SOCIETY REPRESENTED BY ITS SECRETARY SHARFUL ALOM, AGED ABOUT 48 YEARS SON OF LATE SOHRAB ALI RESIDENT OF VILLAGE- NAGARJHAR, P,O. AND P.S.-

HOWLY, DISTRICT - BARPETA, ASSAM. PIN-

781316

2: ANISUR RAHMAN SON OF LATE MAHMUDUR RAHAMN RESIDENT OF VILLAGE- NAGARJHAR VILLAGE P.O. AND P.S.- HOWLY DISTRICT- BARPETA ASSAM.

PIN-781316

3: HAFIZUR RAHMAN SON OF LATE ALI AJGAR RESIDENT OF VILLAGE- JAIPUR P.O. AND P.S.-

HOWLY DISTRICT- BARPETA ASSAM. PIN-78131 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY OF THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, JANATA BHAWAN, DISPUR, ASSAM, PIN- 781006

2:THE SECRETARY OF THE GOVERNMENT OF ASSAM SPORTS AND YOUTH WELFARE DEPARTMENT JANATA BHAWAN DISPUR ASSAM. PIN- 781006

3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019

4:THE DIRECTOR SPORTS AND YOUTH WELFARE RUDRA SINGH SPORTS COMPLEX SUPER MARKET DISPUR ASSAM GUWAHATI-781006

5:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BUILDING CHANDMARI GUWAHATI-

781003

6:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BUILDING CHANDMARI GUWAHATI-

781003

7:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION)

P.O. AND P.S.- BARPETA DIST.-

BARPETA ASSAM. PIN-781301

8:THE INSPECTOR OF SCHOOLS BARPETA ASSAM P.O. AND P.S.- BARPETA DIST.- BARPETA ASSAM.

PIN-781301

9:THE DISTRICT SPORTS OFFICER GANDHINAGAR BARPETA P.O. AND P.S.- BARPETA DIST.-

BARPETA ASSAM. PIN-781301 10:THE PRINCIPAL HILAPAKARI HIGHER SECONDARY SCHOOL JAIPUR HOWLY BARPETA P.O. AND P.S.-

BARPETA DIST - BARPETA ASSAM. PIN-781316 11:THE PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE HILAPAKARI HIGHER SECONDARY SCHOOL JAYPUR HOWLY BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,M RAHMAN,MR N AHMED Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.,SC, PWD BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

28.02.2025 Heard Mr. NJ Dutta, learned counsel for the petitioners.

The petitioners are aggrieved by the proposal to construct a new school building on part of the land that was previously used for various activities, including sports, by the local residents of Hilapakuri in the district of Barpeta. This open space has been used for such activities several years since the past. This place is adjacent to the existing school, namely, Hilapakri Higher Secondary School. By opposing such constructions, the petitioners had earlier approached this Court by filing PIL being PIL No.73/2024 and by order dated 02.12.20224 the Division Bench of this Court disposed of the said PIL by permitting the petitioners to move a fresh representation before the District Commissioner, Barpeta raising their grievance regarding the constructions of the new building over the said land, within a period of 10 (ten) days. The observation made by the learned Division Bench in PIL No.73/2024 by order dated 02.12.20224 is extracted below:

”By way of this PIL petition, the petitioners have approached this Court challenging the action of the State Government of constructing a permanent structure RCC building (G+1) in the premises of Hilapakuri Higher Secondary School in the revenue village of Jaypur, Howly, District- Barpeta, Assam.

The petitioners are claiming that the land, where the respondents have proposed to raise construction of a G+1 RCC building, is being used as play ground since last more than 50 years. It is also contended that enough alternate land is available with the respondents to construct the new building but despite the said fact they are bent upon to raise construction of the new building on the land being used as play ground since long.

On a query, learned counsel for the petitioners has failed to satisfy this Court that the land, on which the new RCC building is proposed to be constructed, is earmarked or recorded as play ground in the government records.