B.P. Katakey, J.

1. These writ petitions are arising out of the construction of the multistoried RCC building in S.C. Goswami Road, Panbazar, Guwahati, challenging the notice issued by the Guwahati Municipal Corporation ('GMC') to stop construction and also the order issued by the Guwahati Metropolitan Development Authority ('GMDA') for demolition of multistoried building in question constructed by the petitioners in W.P.(C) No. 5018 of 2002 and petitioner Nos. 1 and 2 in W.P.(C) No. 2747 of 2006. The petitioners in W.P.(C) No. 5146 of 2002 raised the question of illegal and unauthorized construction of the said building and prayed for demolition of the same. Since the matter in issue in the writ petitions are common being relating to the construction of the said multistoried building, all the writ petitions are taken up for hearing analogously as agreed to by the learned Counsel for the parties.

(A) Background facts:

2. The facts in brief in respect of the writ petitions are narrated below:

(I) W.P.(C) No. 5018 of 2002

By this writ petition the petitioner M/s. Priyanka Estate International (P.) Ltd. and its directors have challenged the order dated 31.7.2002 issued by the Commissioner, GMC informing the petitioners that the plans submitted by them for construction of the building pursuant to their application dated 27.6.2002 is insufficient for not filing the affidavit for structural design as per format of the building bye-laws, no objection certificate from the State Fire Department and declaration in affidavit to maintain the F.A.R. within 487 as well as the even dated notice issued by the Associate Plan GMC to the petitioners to stop construction of the RCC building in terms of the direction issued by the Commissioner GMC and asking them to produce the no objection certificate and approved plan within three days from the date of receipt of the notice.

(II) W.P.(C) No. 2747 of 2006

The petitioner-builder M/s. Priyanka Estate International (P.) Ltd. along with one director of the said company and an occupier of the Flat No. 5B of the multistoried building in question, by this writ petition have challenged the order dated 30.5.2006 issued by the Chief Executive Officer, GMDA under Section 88 of the Gauhati Metroplitan Development Authority Act, 1985 ('the 1985 Act') for removal of the building constructed by the petitioner No. 1 unauthorizedly, on the ground of violation of the building bye-laws to the effect that (a) FAR of the building is 490 which exceeds allowable FAR 300, (b) the maximum floor height 93 ft. which exceeds allowable height of 76 ft. in that road, (c) setback of 15 ft. side to 20 ft. rear has not been maintained as the building has been used for commercial purpose with residential at top floors, (d) allowable maximum balcony projection of 1/4th of the building length in any side as allowable has not been maintained, (e) non-availability of two staircases and lift on opposite directions as per building plan and (f) construction of the building despite the order to stop construction.

(III) W.P.(C) No. 5146 of 2002

This writ petition has been filed by Sanatan Dharmasabha and three residents of Panbazar locality of Guwahati city challenging the action on the part of the authorities in granting the permission for construction of the multistoried building in question and also for demolition of the illegal and forceful construction of the said multistoried building constructed by M/s. Priyanka Estate International (P.) Ltd. (petitioner No. 1 in the other two writ petitions), on the ground that such building permission were given in violation of the building bye-laws of the GMC as well as GMDA and also unauthorized construction of part of the building without any permission from any authority.

3. Mrs. Madhu Singhania, (petitioner No. 3 in W.P.(C) No. 5018 of 2002) Director of the M/s. Priyanka Estate International Pvt. Ltd. filed an application on 26.11.1999 before the GMC seeking permission for construction of base