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Judgment
Ajit Singh, C.J. (Oral) - Heard Mr. BD Goswami, learned counsel for the petitioners, Ms. B. Goyal, learned Govt. Advocate, Assam and Mr. BK Mahajan, learned counsel for Respondent No.4. Also heard Mr. D. Saikia, learned senior counsel assisted by Mr. B. Gogoi, learned counsel in IA 405/2016.
The petitioners are renowned residents of Guwahati. According to them, water body Dighali Pukhuri located in the heart of city is of great significance and reverence for the people. But the respondent authorities, Page 3 of 3 more particularly Respondent No.4, are carrying out large scale construction activities on its Northern side to set up a war memorial. They have therefore in the present Public Interest Litigation prayed for a direction against the respondents to remove the construction already made by them and preserve the Dighali Pukhuri.
An affidavit has been filed today by Mr. KC Choudhury, Director of the Sainik Welfare Board of Assam, (Respondent No.4) stating therein that construction of war memorial has been undertaken on a Government land outside the demarcated area of Dighali Pukhuri. In the affidavit an undertaking is also given that no construction activity will be carried out inside the water body - Dighali Pukhuri.
War memorial in the city will surely inspire the children and youth of Assam to join the armed forces. It will also inculcate in them respect for the members of armed forces who have sacrificed their lives for the country. The aforesaid undertaking of Respondent No.4 guarantees that water body � Dighali Pukhuri will remain preserved and protected from encroachment.
Since the grievance of petitioner stands redressed, we finally dispose of this petition without any order against the Respondents.