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2009 Supreme(Gau) 37

J.CHELAMESWAR, C.R.SARMA
Kamrup Developers Pvt. Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: G.N. Sahewalla, Sr. Adv., S. Sanapati, Aslam, D. Senapati and N.A. Singh, Advs.
For Respondents/Defendant: D. Saikia, Standing Counsel, G.M.C., M. Hazarika, Sr. Adv. and A. Ajitsaria, SC, GMDA

JUDGMENT

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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