This, application under Article 226 of the Constitution of India has been filed challenging the rejection/revocation of the permission to Construct the house by the Guwahati Metropolitan Development Authority. (GMDA) vide letter dated 10.1.94 issued by the Chief Executive Officer, GMDA, Guwahati, the legality and validity of the notice dated 10.1.94 issued by the Town Planner, GMDA, Guwahati issued in exercise of the powers under section 85, 87 and 88 of the Act of 1985 asking the petitioner to stop the construction and to show cause as to why the same should not be demolished and removed also has been challenged. The notice dated 10.1.94 asking the petitioner to stop the construction is Annexure 10 to the writ application and the other notice is Annexure 11. Both of them are quoted below :

"As per the 1985 Act of the Guwahati City Development Authority, you have without taking necessary permission from the Guwahati Metropolitan Development Authority taken up/completed developmental works in the place situated within the areas to which Greater Guwahati Master Plan and Zoning Regulations are applicable and thereby you have violated the arrangement as laid down by section 25 of the aforesaid Act as well as the Greater Guwahati Master Plan and Zoning Regulations.

Therefore, under section 85(10) and 87 (1) of the above Act you are hereby directed not to proceed further with the above disputed developmental works from the date of the receipt of this notice until further order from the undersigned. Observe in the case of any violation of the order necessary action will be taken against you under section 85 (5) and 87 (2) (3) of the above act.

Moreover you are also directed to submit to the undersigned within 10 days from the date of the receipt of this notice a show cause reply as to why necessary action shall not be taken under section 88 (1) of the above Act to remove the disputed construction or under section 34, 85 (3) you shall not be punished or both the action can be taken for violating the Greater Guwahati Master Plan and the Zoning Regulations.

If after receipt of this notice if. you do not submit a show cause or do not comply with the order of the notice in such case necessary action will be taken against you in accordance with law or necessary order will be passed."

"Sub: Issue of No Objection Certificate under section 25 the GMDA Act, 1985 for construction of RCC (Building of Floor) area of each floor ground Existing/1st Existing/2nd Existing/3rd 185.40 Sqm/4th 185.40 sqm./5th at Sahar Ulubari Guwahati.

Ref: Your application dated 15.5.93 and 20.12.93.

Sir/Madam

Reference to your application for permission to erect a building at Village Sahar Ulubari of Ulubari Mouza (Dag No.215 Patta No.786) on an access road for residential purpose in accordance with plans submitted with it, your application is hereby:

I.......

2 . Rejected for reason given below :

3.......

The construction of 3rd floor as you already carried out is not as per drawing submitted by you."

2. The brief facts are as follows : The petitioner in the year 1986 applied to. the Commissioner of the Guwahati Municipal Corporation for construction of RCC building on the plot of land own by him and on 17.3.86 the authority granted permission for construction of the ground floor, 1st floor and 2nd floor of the building as prayed for, i.e. Annexure 2 to the writ application. That No Objection Certificate is quoted below :

" Sub : No Objection Certificate for construction.

Ref: Your application dated 1.2.86.

Sir,

With reference to your above application, permission to erect a building at Rehabari is hereby sanctioned under section 327 read with section 328 of Guwahati Municipal Corporation Act, 1963 as required to comply with conditions mentioned overleaf in accordance with plans submitted without modification. The particulars of the construction for which permission accorded is given below :

(a) Proposed use : Residential.

(b) Type of construction : RCC

(c) No. of floor : Gr-Floor/fir

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