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2013 Supreme(Gau) 562

I.A.ANSARI, INDIRA SHAH
Sheikh Noor Alam – Appellant
Versus
Guwahati Metropolitan Development Authority – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. H.R.A. Choudhury, Sr. Counsel and Mr. B. Ullah
For Respondents/Defendant: Ms. M. Hazarika, Standing Counsel, GMDA, Ms. A. Ajitsaria and Mr. S. Chamaria

JUDGMENT

I.A. Ansari, J.

1. With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner has put to challenge the orders, dated 23.03.2004 and dated 08.01.2006, issued by Chief Executive Officer, Guwahati Metropolitan Development Authority (hereinafter referred to as 'GMDA'), Bhangagarh, Guwahati, whereby the permission, accorded to the petitioner for construction of building, stands revoked and the petitioner has been directed to demolish the unauthorized construction. The petitioner, in this writ petition, has averred that he is the owner and possessor of a plot of a land measuring 2 kathas 2 lechas, out of the total land measuring 4 kathas, covered by Dag Nos. 2962 and 2963 of K.P. Patta No. 773, situated at Sahar Sarania, Part-II, of Ulubari Mouza and, as the owner and possessor of the said plot of land, he (petitioner) applied, on 09.08.2001, to the GMDA seeking permission to erect an RCC building for commercial purpose. It is the contention of the petitioner that, later on, he changed his plan and, accordingly, applied to the GMDA seeking permission for construction of a residential building and the respondents/authorities concerned,























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