GUWAHATI: In a landmark decision, the Gauhati High Court has directed the Assam government to notify Gita Mandir Hill as a protected forest area. The Court has also banned non-forest activities in the area.
The State of Assam, through the Revenue Department, stated that the entire Gita Mandir Hill area comprises revenue land as per the land records. No settlement had been made to any person over the land of the Gita Mandir Hill even under the Assam Land and Revenue Regulations, 1886, except for a small portion on the top of the hill where the land had been allotted to the Gita Samaj where the Gita Mandir Temple presently exists.
Through a public interest litigation (PIL) filed by Dwijen Bhattacharya and Rajesh Sarma, it was mentioned that the Gita Mandir forest area is the only surviving green area in the locality and also one of the very few green areas that are yet to be destroyed within the city of Guwahati and therefore, the petitioners raised a public cause that it would be in the interest of the public if the forest area is retained and not converted to any other non-forest area including commercial ventures.
While hearing the PIL, a division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan on Thursday directed the Assam Forest Department and State chief secretary to ensure the existing forest over the Gita Mandir Hills in Guwahati is not used for any other non-forest purpose.
“…the respondents in the Government of Assam in the Forest Department as well as to the Chief Secretary is directed to ensure that the existing forest over the Gita Mandir Hills in Guwahati is not used for any other non-forest purpose in terms of Section 2 of the Forest (Conservation) Act, 1980 without following the due procedure of law prescribed therein,” said the Court order.
The order stated that in the course of the deliberation before the Court, even the Environment and Forest Department of the Government of Assam, on principle, is agreeable that if the surviving forest area in the Gita Mandir Hill can be preserved, it would be in the greater public interest and by taking such a stand, the respondents in the Environment and Forest Department agree with the cause raised by the petitioners in the PIL petition.
The Court said that it is heartening to note the stand of the Environment and Forest Department of the Government of Assam, which no doubt has to be accepted as a stand made by the Department in the public interest. The harm that has been caused to the Environment is no longer a debatable issue as to whether any harm has been caused or not and judicial notice can always be taken, more so considering the recent variable climatic condition prevailing all over the world that something urgently is required to be done, stated the Court.
“From such point of view, if we notice that there is an opportunity to do something in favour of the environment, we see no reason of any kind as to why it should not be carried forward and brought to its logical end,” said the Court.
“Guwahati city is a sprawling area comprising 216.79 sq km, where very few spaces still exist where the land has not been used for any non-forest or commercial purpose. Considering the limited land that is available within the city of Guwahati, where a green cover still exists, it is more so in the requirement of public interest that such small but yet existing green cover be preserved to the maximum extent that is possible, which will not only be beneficial for the Environment as a whole, but also to the citizens and residents of the city of Guwahati,” opined the Court.
“Accordingly, the Chief Secretary to the Government of Assam is directed to coordinate the matter with the Environment and Forest Department to the Government of Assam, the Revenue Department to the Government of Assam as well as the Gauhati
Development Department to take a conjoint conscious decision on the aspect as to in what manner the existing Forest cover in the Gita Mandir Hills of Guwahati city can be conserved either by way of declaring it to be a reserved forest or by any other means of protecting the forest as may be available under the law and in doing so an earnest effort be made to preserve the forest cover that is in existence in the Gita Mandir Hill,” ordered the Court.
The Court also directed the Assam government to ensure that the existing forest over the Gita Mandir Hills in Guwahati is not used for other non-forest purposes.
“We appreciate the act on the part of the two petitioners to bring the issue above to the notice of the Court, which is undoubtedly in the public interest,” said the Court.