Public Land Protection Cells Have Been Notified; Empowered To Redress Grievances Related To Encroachment: Assam Govt To Gauhati High Court

Assam Government has informed the Gauhati High Court that it notified the establishment of Public Land Protection Cells (PLPC) on May 24 for three different categories — Rural Areas, Municipal Areas other than Guwahati and Guwahati Municipal Area.It was further told that the cells have been empowered to redress the grievances related to encroachments over pasture land, catchment areas, ponds, rivers, lakes, public places, burial grounds etc.The division bench of the Chief Justice Sandeep...

Must Be Given All Opportunities To Produce Any Relevant Material Indicating Her Indian Citizenship: Gauhati High Court Grants Relief To Woman

Ordering the Foreigners Tribunal to pass a reasoned order in her case, the Gauhati High Court recently allowed a woman to produce any such person for making deposition before the Tribunal, who may have the knowledge that she is the daughter of the person whose name is mentioned in the voter’s list of 1966 as per the certificate issued by Gaon Panchayat Secretary.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed that when the petitioner is required to...

State Required To Release Additional Budget For Infrastructure Of Vulnerable Witness Deposition Centre In POCSO Courts: Gauhati High Court

The Gauhati High Court has said that the Assam government should release an additional budget for the creation of the Vulnerable Witness Deposition Centre (VWDC) required for the POCSO Courts across the state.While hearing a PIL filed by Bachpan Bachao Andolan and Sampurna Behura for the implementation of directions laid down by the Supreme Court in Sampurna Behura v. Union of India & Ors, the division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria observed:"We feel...

Gauhati High Court Asks Arunachal Govt To Put In Place CCTV System For Police Stations With Centrally Located Control Room

The Gauhati High Court has directed the State of Arunachal Pradesh to put in place a comprehensive CCTV system in all Police Stations across the state with the data being monitored by a Centrally Located Control Room.The directions were passed by the court in a suo moto PIL registered following the incident of lynching of two accused persons to death on February 19, 2018 after taking them out from police custody of Tezu Police Station, Arunachal Pradesh."This Court further feels that in view of...

Gauhati High Court Directs Assam Govt To Issue Notification For Formation Of Public Land Protection Cells In Each District, State Seeks 3 Weeks

The Gauhati High Court recently directed the Assam Government to issue the requisite notification for formation of Public Land Protection Cells in each district to deal with complaints pertaining to encroachments on government land.The direction was passed by the division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria on May 15 in a PIL alleging that certain individuals have illegally encroached on a plot of Government land measuring 2 bighas 5 kathas 8 lechas in the...

‘No Justifiable Ground To Withhold Promotion By Adopting A ‘Sealed Cover’ Procedure’: Gauhati HC Allows PWD Executive Engineer’s Plea For Promotion

The Gauhati High Court recently directed the Assam Government to give effect to the recommendation of the Selection Committee for promoting an Executive Engineer to the rank of Superintending Engineer in the PWD. The Selection Board had earlier decided that the case of the petitioner be kept in a “sealed cover” until the adverse remark received from the Additional Chief Secretary of Department of Housing and Urban Affairs against him is resolved by the Public Works Department.Justice Suman Shyam...

After Gauhati High Court Nudge, States Take Steps To Constitute Police Accountability Commission, Train Separate 'Investigating Officers'

The Mizoram government has assured the Gauhati High Court that it will soon bring on record an affidavit relating to constitution of the Police Accountability Commission. The State has also taken steps to separate its investigation wing from the law and order wing.Similarly, the Nagaland government has issued a formal notification for separation of both wings and has constituted State Level Police Complaint Authority and District Level Police Complaint Authority.The development comes in a suo...

Assam Cattle Preservation Act | Extended Meaning Cannot Be Given To Word ‘Calves’ To Incorporate ‘Buffalo’: Gauhati High Court

The Gauhati High Court recently quashed proceedings under section 13(1) of Assam Cattle Preservation Act, 2021 against a person who was accused of stealing two buffalo calves allegedly for smuggling them to Bangladesh.The single judge bench of Justice Robin Phukan observed:“Since herein this case, ‘Buffalo’ is not incorporated in the Schedule, this court is of the view that an extended meaning cannot be given to the word ‘Calves’ so as to incorporate ‘Buffalo’ calves therein, while strict...

Ensure Office Of Transgender Welfare Board Is Made Functional By June 23: Gauhati High Court To Social Welfare Department

The Gauhati High Court has directed Assam's Finance Department to ensure that the budget for setting up the office of the Transgender Welfare Board is released at the earliest. While hearing a PIL filed by All Assam Transgender Association, the division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria further directed the Director, Social Welfare Department, Government of Assam to ensure that the office of the Transgender Welfare Board is made functional positively by June...

Right To Education: Gauhati High Court Asks Secretary School Education To Ensure Admission Of Students Under EWS Quota Or Remain Present On May 24

The Gauhati High Court on Wednesday directed the Secretary, Department of School Education, to ensure that the 49 children, whose applications are pending under Right of Children to Free and Compulsory Education Act, 2009, across various schools in Assam, be provided admission as per the mandate of the law.The division bench comprising Chief Justice Sandeep Mehta and Justice Mitali...

'Benefit Of Doubt': Gauhati High Court Acquits Man Accused Of Strangulating His Minor Son In 2012

The Gauhati High Court recently set aside the murder conviction of a man accused of murdering his own newborn child, on the ground that the prosecution did not prove the place of occurrence, manner of occurrence and participation of the accused in the said crime beyond reasonable doubt.The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi observed that the dead body of...

Gauhati High Court Orders Status Quo On Pollution Control Board’s Grant Of Consent For Setting Up ‘Red Category’ Industry At Amingaon

The Gauhati High Court recently issued notice to Assam Government and State Pollution Control Board in a PIL questioning the decision of the latter in granting consent to M/s M M Carbon Products Pvt. Ltd. to set up a ‘Red Category’ Industry (Calcined Petroleum Cake) at Amingaon, Guwahati. The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam further directed that...