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2007 Supreme(Gau) 765

J.CHELAMESWAR, ASHOK POTSANGBAM
Kula Prasad Gogoi – Appellant
Versus
State of Assam – Respondent


JUDGMENT

Asok Potsangbam, J.

1. Heard Mr. A. Sarma, learned Counsel appearing for the petitioner. Also heard Mr. U.C. Nath, learned Counsel, Mr. S. Chamaria, Standing Counsel, GMC and Mr. G.N. Sahewalla, learned senior Counsel for the G.M.C.

2. This is the second round of litigation. By the instant writ petition, the petitioner is seeking to quash the order dated 22.6.2007 passed by the Commissioner, Guwahati Municipal Corporation, disposing of the representation dated 10.4.2007, which was filed by the petitioner pursuant to judgment and order dated 26.3.2007 passed by this Court in the first round of litigation i.e. W.P. (C) No. 1340/2007. The Commissioner, Guwahati Municipal Corporation, disposed of the aforesaid representation by holding that the building constructed by the petitioner was unauthorized and without necessary approval of the authority and, consequently, GMC was directed to take necessary action against the unauthorized construction of the petitioner as per GMC Act and Building Byelaws framed thereunder.

3. The case of the petitioner is that on 11.3.1998, he applied for permission, as required under Section 328 of the GMC Act, for construction of his residential buildin
















































































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