Tripura Human Rights Commission (THRC) recommends prior notice, documentation and grievance redressal safeguards for businesses affected by Agartala Smart City infrastructure projects.
The Tripura Human Rights Commission (THRC) has recommended a series of safeguards to protect private businesses and other lawful establishments that may be affected by public infrastructure projects in Agartala. The recommendations focus on prior written notice, proper documentation, stakeholder consultation and effective grievance redressal mechanisms during the implementation of projects by Agartala Smart City Limited (ASCL).
The recommendations were issued in an order dated September 9 in connection with a complaint filed by Joyesh Bhowmik, proprietor of Supreme Media. The complaint concerned the alleged damage and removal of advertising hoardings during a drainage project undertaken by Agartala Smart City Ltd.
The Commission, headed by Justice Arindam Lodh, observed that the material available on record did not establish a human rights violation warranting compensation in the matter. However, it noted that the case highlighted shortcomings relating to communication, documentation and consultation with stakeholders during the execution of public infrastructure works.
As a safeguard against similar disputes in the future, the Commission recommended that Agartala Smart City Ltd, Agartala Municipal Corporation (AMC) and their executing agencies provide written notices sufficiently in advance whenever infrastructure projects are likely to affect private commercial establishments, hoardings, kiosks or other lawful structures.
According to the recommendations, such notices should clearly mention the nature of the proposed work, its expected duration and the measures or steps that affected stakeholders may need to take. The Commission stated that oral or telephone communication should ordinarily not be considered sufficient in such circumstances.
The THRC also recommended systematic documentation of all communications with affected individuals and businesses. Such records should include copies of notices, acknowledgements, photographs taken before and after the removal of structures, and details of consultations held with stakeholders.
The Commission further emphasised the need to minimise disruption to lawful commercial activities and protect livelihoods wherever possible while carrying out public utility projects. It recommended the creation of a dedicated grievance redressal mechanism for individuals and businesses affected by Smart City projects.
Such a mechanism, the Commission suggested, should address concerns including obstruction of access, property damage, shifting of utilities and losses suffered by businesses during infrastructure work.
The Commission also called for project engineers, contractors and field supervisors to be sensitised to the importance of respecting citizens’ dignity and livelihoods while implementing public projects. It advised ASCL, AMC and other utility agencies to improve coordination so that affected persons receive clear and unified information regarding ongoing and proposed works.
In addition, the Commission stressed the importance of preserving electronic evidence when disputes arise in connection with public infrastructure projects. Call records, photographs, videos and other relevant electronic material should be properly retained whenever such evidence is relied upon in relation to a dispute.
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The recommendations seek to establish clearer procedures for communication and documentation while balancing the implementation of public infrastructure projects with the interests of businesses and other lawful establishments. The THRC’s observations underline the importance of advance information, coordination and accessible grievance mechanisms when public works have the potential to affect commercial activities and livelihoods.
