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2009 Supreme(SC) 1795

V.S.SIRPURKAR, DEEPAK VERMA
Priyanka Estates International Pvt. Ltd. – Appellant
Versus
State of Assam – Respondent


JUDGMENT

Deepak Verma, J.—

1. Leave granted.

2. The principal question that emerges for consideration in these appeals is whether to sustain the order of demolition as passed by the Gauhati High Court vide impugned judgment and order or to put an imprimatur of this Court to the unauthorised constructions raised by M/s. Priyanka Estates International (P) Ltd. (Appellant No.1 herein) beyond 5= floors. Facts material for deciding the said appeals are mentioned hereinbelow.

3. For the sake of convenience, the facts appearing in SLP (C) No. 14480 of 2006 titled as M/s Priyanka Estates International (P) Ltd. & Others Vs. State of Assam & Others are taken into consideration. Appellant No.1 is a company of which Appellant Nos.2 & 3 are Directors.

4. Appellant No.1 herein purchased an open piece of land approximately admeasuring 4.62 Kathas from one Smt. Nandita Banerjee on 9.8.1999 by registered deed of sale. Prior to execution of sale, the vendor of Appellant No.1 applied to Guwahati Metropolitan Development Authority (hereinafter referred to as ‘GMDA’) for grant of `No Objection Certificate’ for sale of land. The said permission was accorded on 17.7.1999 mentioning therein that permissi



























































































































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