J.CHELAMESWAR, C.R.SARMA
Kamrup Developers Pvt. Ltd. – Appellant
Versus
State of Assam – Respondent
J. Chelameswar, C.J.
1. The challenge in this writ petition is directed against the show cause notice No. GMDA/UC/302/04/2 dated 7.12.2004 and notice No. GMDA/UC/302/2004/8 dated 25.2.2005 issued by the Chief Executive Officer, Guwahati Metropolitan Development Authority (hereinafter referred to as 'the GMDA') directing the Petitioner M/s Kamrup Developer Company Pvt. Ltd. to demolish the basement plus 8 (eight) floors of the building in question constructed by the Petitioner Company at Ulubari, G.S. Road.
2. The facts, as stated in this writ petition, in brief, are as follows:
The Petitioner Company, a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at Peace Enclave, Ulubari, Guwahati-7, undertook construction of a commercial complex over a plot of land covered by Dag No. 344/343 (282/384), Patta No. 2/54 (496.27) of village New Town, Ulubari, Mouza Ulubari, after obtaining a No Objection Certificate and approval of plan from the Guwahati Municipal Corporation (hereinafter referred to as 'the Corporation') vide No. GPL 32/3/98/82/228 dated 15.5.1999 for ground floor and first floor with basement parking. Subsequently, vide ord
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