Tuesday, December 5, 2023

Gauhati High Court closes PIL assailing the appointment of the Tungri Effa as SLEC Chairman

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The Gauhati High Court recently closed a Public Interest Litigation (PIL) filed assailing the appointment of the Tungri Effa as the Chairman of the State Level Executive Committee (SLEC) under the Arunachal Pradesh Bamboo Resource and Development Agency (APBRDA).

The PIL filed by one Kipa Tatey contended that the SLEC is an entity under the State Bamboo Mission (SBM), which again is under the National Bamboo Mission (NBM), which is a Central Government scheme for the purpose of development of bamboo.

On the other hand, APBRDA is an entity created by the notification dated 16.01.2020 of the Department of Environment and Forest, Government of Arunachal Pradesh for the purpose of development of bamboo as well as for indulging in certain commercial activities relating to bamboo.

Accordingly, a contention was raised that if the Tungri Effa  is also made the Chairman of the SLEC under the State Bamboo Mission and the same respondent is also the Chairman of the APBRDA, there would be a conflict of interest, and therefore would be against the public interest.

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In course of the hearing, a subsequent notification dated 29.03.2022 issued by the Secretary, Agriculture, Government of Arunachal Pradesh is placed before the Itanagar Division Bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan, which provides that the earlier notification dated 28.02.2022 vide which the Tungri Effa was made the Chairman of the SLEC in the State Bamboo Mission and National Bamboo Mission had been withdrawn, rescinded and canceled with immediate effect.

As the remedy sought for had already been achieved by virtue of the subsequent notification dated 29.03.2022, the Court is of the view that there is no requirement to proceed further with this PIL.

“Accordingly, the PIL stands closed. The subsequent notification dated 29.03.2022 produced before the Court is kept on record,” the order reads.

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