The Gauhati High Court recently pulled up the Government of Assam for filing an affidavit in a very informal manner in an ongoing PIL filed by several persons aggrieved by the decision of the Silchar Municipal Council which allowed the private respondent Assam Progressive Developers Limited to set up a pastime. park in Gandhibag Park.

Divisional bank comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam noted:

“It is a very unfortunate state of affairs that when this Court has directed the State Government to clarify its stand on the issue raised, a supplementary affidavit is filed on behalf of the State in a very casual manner. It is a serious matter that the authorities take the orders of this Court lightly or in a casual manner. On a pointed question raised by us, the learned counsel for the State has failed to satisfy this Court and has also failed to clarify the position of the State Government.”

The court was hearing a PIL raising a complaint that with the establishment of the amusement park in Gandhibag Park, the nature of the park would be changed and could be detrimental to the general public of Silchar.

The petitioners also alleged that certain irregularities and illegalities were committed by the Silchar Municipal Council while granting permission to the private respondents to set up the amusement park in the Gandhibag park.

Earlier, the Court’s order dated May 30, 2024 directed the state to clarify its position on the controversy involved. The State was subsequently given an additional opportunity to clarify its position. Accordingly, an affidavit was filed on behalf of Additional Secretary to the Government of Assam, Department of Housing and Urban Affairs, Secretary to the Government of Assam, Urban Development Department and Joint Secretary to the Government of Assam, Urban Development Department.

After reading the affidavit filed on September 05, 2024, the Court observed that instead of clarifying the position of the State Government, the deponent has only mentioned certain facts which are already brought to the notice of the respective parties.

“…..We are only left with the option of directing the State Government to file an affidavit to clarify its stand by the next date of hearing. We make it clear that if the State fails to clarify its stand in this matter, this Court will be bound to summon the secretaries of the respective departments to appear before this Court,” the Court said.

Case Title: Arindam Deb & 3 Ors. v. State of Assam and 10 Ors.

File No.: PIL/17/2021

Click here to read/download the order