B.P. Katakey, J.

1. The petitioner by the present writ petition has challenged the notice dated 28.7.2006 issued by the Commissioner, Guwahati Municipal Corporation asking her to show cause within 30 days as to why unauthorized construction/deviation mentioned in the said notice should not be demolished: The case of the petitioner is that she is the owner of the land, over which the said building has been constructed pursuant to the no objection certificate issued by the Corporation for construction of the ground as well as first and second floor. According to the petitioner though, third floor has been constructed without there being any approved plan and the deviation mentioned in the said notice dated 28.7.2006, both being not in violation of the building bye law of the corporation, such unauthorized construction /deviation from the approved plan ought to have been regularised. According to the petitioner necessary direction therefore to be issued to regularise such unauthorized construction and deviation, by setting aside the impugned notice dated 28.7.2006.

2. We have heard Mr. Talukdar, learned Counsel for the petitioner as well as Mr. Samaria, learned Counsel appearing