MC 2496/2010 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI MISC CASES 2496/2010 & 1602/2011 IN WP(C) 6498/2003 Heard Ms. M. Hazarika, learned Senior counsel, and Mr. D. Saikia , learned counsel, for the applicants, and Mr. S. Sharma, learned counsel, for t he writ petitioner-opposite party. By making this application, the applicant has submitted to the e ffect, inter alia, that the applicant-Department has been constituted by the Gov ernment of Assam for planned development of the Guwahati City and welfare of its residents. Because of the nature of the duty, which is cast on the applicant-De partment, the applicant-Department is involved in various developmental works in the City of Guwahati and it has been, from time to time, formulating and implem enting various schemes introduced by the Government for the welfare of the resid ents of the Guwahati City. One of the projects, which the applicant-Department h as taken up, is the South Guwahati West Water Supply Project, which has been san ctioned by the Ministry of Urban Development, Govt. of India under Jawaharlal Ne hru Renewal Mission (JNNURM) and involves cost of Rs.280.94 Crores. It has been also submitted by the applicant-Department that they need, for the purpose of making the project viable, six more bighas of land, co vered by Dag No.64, situated at Village Kamakhya under Jalukbari Mouza, in addit ion to the two bighas, which they have already been given, and the said six bigh as of land may be allowed to be used by them for the purpose of the said projec t so that the residents of Guwahati City do not suffer from scarcity of water. Upon hearing the learned counsel for the parties, it also transp ires that the project, as funded, is a time-bound project and, on a survey condu cted between the representatives of the writ petitioner and the applicant-Depart ment, it has been found that there is a temple located on the area of the six bi ghas of land, which the applicant-Department seeks to utilize for the said proje ct. With regard to the temple, Mr. Saikia, learned counsel, submits that the applicant-Department undertakes not to disturb the temple and is also w illing to pay compensation, if required, in law, to the person(s) entitled. To t he submission, so made, no serious objection has been raised on behalf of the wr it petitioner on the ground that the project, in question, being for the welfare of the residents of the Guwahati City, the writ petitioners are inclined to co- operate with the applicant-Department in ensuring that the project is completed within time and becomes effective. Considering the matter in its entirety and in the interest of ju stice, while the applicant-Department is allowed to utilize the said six bighas of land covered by Dag No.64 excluding, however, the temple, which stands on the said land, it is made clear that compensation, if any, found entitled for havin g taken over the said six bighas of land, shall be paid by the applicant-Departm ent to the person(s), who may be, in due course, found entitled to receive provi ded that the person(s), who may be so entitled, express interest in receiving co mpensation. With the above observations and directions, both these Misc. Cas es shall stand disposed of.