JUDGMENT / ORDER

B E F O R E HON’BLE MR. JUSTICE SUMAN SHYAM

12.01.2018 Heard Mr. Y. S. Mannan, learned counsel for the petitioners. I have also heard Mr. T. C. Chutia, learned Addl. Senior Govt. Advocate, Assam, appearing for respondent Nos.4, 5, 6 and 7. Mr. N. J. Dutta, learned Standing Counsel, APDCL, appears for respondent Nos.1 to 4.

In terms of the order dated 10.01.2018 passed by this Court, Mr.

Chutia, learned Addl. Senior Govt. Advocate, has produced a copy of the written instruction dated 11.01.2018 issued by the Divisional Forest Officer, Guwahati Wild Life Division, Santipur, Guwahati-9. The contents of the written instruction is reproduced herein below :-

“Sir, With reference to the above subject, I would like to inform you that as per Hon’ble Gauhati High Court’s Order in connection with PIL (Suo-Moto) 27/2013 an eviction operation was carried out inside Amchang Wildlife Sanctuary on 27.11.2017 to 29.11.2017 with the help of District Administration.

The residents of Bhupen Hazarika Path, Batahguli apply a N.O.C. for Electric Connection. The Bhupen Hazarika Path start from Guwahati Public School side and ends near Janasimalu High School. The Janasimalu High School falls within the Amchang Wildlife Sanctuary. A digitized map showing the location of Janasimalu High School enclosed herewith.

Since the Bhupen Hazarika Path is located outside the Amchang Wildlife Sanctuary, if the APDCL Authority give the electricity connection through Guwahati Public School side the undersigned has no objection in this regard.

This is for your kind information and necessary action.”

The written instruction is also accompanied by a map of Amchang Wildlife Sanctuary prepared by the Guwahati Wildlife Division.

The petitioners herein are all residents of Bhupen Hazarika Path of Botaghuli area and have approached this Court by filing the present writ petition being aggrieved by the disconnection of electricity to their residential premises by the APDCL authorities. The stand of the APDCL authority is that connection could not be restored to the petitioners premises due to non-availability of NOC from the Forest department officials. It is clear from the above that the Bhupen Hazarika Path falls outside the Amchang Wildlife Sanctuary. However, in view of the stand taken by the DFO, Guwahati Wildlife Division, as noted above, the learned Counsel for the parties agree that there is no impediment on the part of the APDCL to provide electricity connection to the residential units of the petitioners.

In view of the above, this writ petition is closed with a direction upon the respondent Nos.1 to 4 to take appropriate action in the matter to redress the grievance of the petitioners. Having regard to the ensuing Bihu festival as well as the HSLC and HSSLC Board examinations, an attempt may be made by the APDCL authorities to restore power supply to the Writ Petitioners residential units with utmost expedition.

A copy of the map produced by Mr. Chutia, learned Addl. Senior Govt. Advocate, Assam, be furnished to Mr. Dutta, learned Standing Counsel, APDCL for ding the needful.