PIL 9/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON BLE MR. JUSTICE H BARUAH This Public Interest Litigation was filed with an allegation that a Natural Wate r Body existing near the Railway Gate by the side of the UN Bezbaruah Path from Silpukhuri leading to Gandhi Basti is being encroached upon by some anti-social elements. The prayer is that the Natural Water Body should be protected. Notice was issued to the various parties and affidavits have also been filed. The matter was on Board yesterday, but there was no appearance on behalf of the petitioner or any of the respondents other than the State of Assam. Even today t here is no appearance on behalf of any of the petitioners while the respondents are represented by the respective counsel. From a perusal of the paper book, we find that the ownership of the land in ques tion is in serious doubt. According to some persons, who have addressed letters to the Chief Justice, they are the owners of the land. While according to Ramesh war Talukdar, one of the respondents against whom the allegation is made of fill ing up the Water Body, the land belongs to him. On the other hand, the State of Assam and the Guwahati Metropolitan Development Authority says that the land is a Sarkari land. Be that as it may, we are not inclined to entertain this writ petition since it involves a disputed question regarding the title of the land. However, we feel that for the preservation of the Natural Water Body, it is nece ssary for the Revenue authorities of the State of Assam to demarcate the land in question. The demarcation should be carried out within a period of six weeks fr om today and a report thereof be filed in this Court. If there is an encroachmen t on Sarkari land, the officials of the respondents should ensure the protection of the land as well as the protection of the Natural Water Body if it falls on Sarkari land. Insofar as the patta land is concerned, we can not pass any order since it is not clear to whom the land belongs. The writ petition is disposed of with the above directions.