WA 165/2004 BEFORE HON’BLE CHIEF JUSTICE MR. MADAN B. LOKUR AND HON’BLE MR. JUSTICE K. MERUNO Madan B Lokur, CJ The appellant is aggrieved by an order dated 25.06.2002 passed in W.P.(C ) No.5360 of 1995 as well as an order dated 31.01.2004 passed in R.P. No.49 of 2003. The appellant claims to be the owner of 1 katha 5 lechas of land covered by Dag. No.1312 (Pt) Gauhati Town, Pt-II near Barsola Beel and Sarusola Beel. The allotment and settlement in favour of the appellant was cancelled pu rsuant to a decision rendered by a Division Bench in C.R. (PIL) No.23 of 1997. Feeling aggrieved, the appellant filed a writ petition which resulted in the impugned orders upholding the cancellation. The correctness or otherwise of the cancellation of the allotment/settle ment has been the subject matter of several cases before us. In W.P.(C) No.729 o f 2002 we noted that the Assam Legislature has passed the Guwahati Waterbodies (Preservation and Conservation) Act, 2008 which was notified on 7th August, 2008 and came into force with immediate effect. The Act defines Waterbodies and the land of the appellant falls in Sched ule-II ( Borsola Beel) and as such, is a waterbody. In view of the statute now having been enacted by the State Legislature, whereby the land of the appellant has been held to be a part of Borsola Beel, i n our opinion nothing survives in this appeal. However, before taking any action adverse to the interests of the petitioner, the respondents will act in accorda nce with law. With this observation, this appeal stands disposed of. Interim order passed earlier shall stand vacated.