JUDGEMENT
-
(1.)Heard Ms. D Ghosh, learned counsel for the petitioners and Mr. RP Kakoti, learned Senior Counsel for the respondent, IITG as well as Mr. SC Keyal, learned ASGI for the respondent Union of India.
(2.)The petitioner No.1 Dr. Brijesh Kumar Rai is an Assistant Professor in the Department of Electronics and Electrical Engineering in the Indian Institute of Technology, Guwahati (IITG) and the petitioner No.2 Vikrant Singh is a Research Scholar pursuing his Ph.D in the Department of Electronics and Engineering in IITG. Both the petitioners preferred this PIL on being aggrieved by the illegal construction of a temple inside the IITG campus, which was done without any due authority and thereby depriving the resident and non-resident staffs and students of IITG from their fundamental right to live, work and study in a secular environment. It is stated that although the respondent authorities in IITG had denied having undertaken any responsibility for the construction of the temple, but at the same time, they are providing electricity to the temple at the cost of public money.
(3.)The petitioners submitted representation dated 12.02.2009 before the authorities of the IITG as well as the authorities of the Government of India in the Ministry of Human Resource Development and the Central Vigilance Commissioner that no permission was granted by the IITG for construction of the temple and that some officials of the IITG are behind the illegal construction but inspite of the petitioners having brought it to the notice of the authorities of the IITG, no credible action had been taken to stop such illegal construction. The representation also appears to be a notice of 15 days that on the failure to take action within 15 days, the petitioners would be constrained to initiate legal action against the authorities of the IITG. Photographs have been annexed to the PIL showing that initially the temple comprised a small hut-like structure built around the year 2004/2005, i.e. much after the IITG had started its functioning from its present campus. But, thereafter about four years back, the temple had been refurbished. In the circumstance, the PIL seeks for a direction to the respondent authorities to demolish the illegally constructed temple and also for initiating disciplinary action against such officials of the IITG who were involved in such illegal construction of the temple inside the campus of IITG.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.