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1999 Supreme(Gau) 328

M.SHARMA
Narendra Nath Barman – Appellant
Versus
Gauhati Metropolitan Development Authority and others – Respondent


Advocates Appeared:
A. Roy, Sr. Counsel, S. R. Sen, S. N. Sarma, Standing Counsel G.M.C., A. B. Choudhury (for Nos. 1 and 2)

Judgement

The writ petitioner, in this writ petition has assailed the notice dated 28-2-94 (Annexure-13) and 5-5-94 (Annexure-17) issued by the Gauhati Metropolitan Development Authority (in short G.M.D.A.) by which the petitioner has been directed to discontinue the construction of the building in the 6th floor and also to demolish the 4th, 5th and 6th floors which were alleged to be constructed without the permission of the G.M.D.A.

2. The G.M.D.A. and the Chief Executive Officer, G.M.D.A. are made respondent Nos. 1 and 2 respectively and the Gauhati Municipal Corporation (in short G.M.C.) and its Commissioner are impleaded as Respondents 3 and 4 and the State of Assam has been impleaded as Respondent No. 5 respectively.

3. The dispute in this writ petition is regarding the permission for construction/extension of the existing building of the petitioner for which he filed application before the G.M.C. for further construction of his existing building on the 4th, 5th and 6th floors as stated above.

4. During the pendency of the writ petition for G.M.C. Vide letter No. GPL/750/83/21/3190 dated 11-12-97 granted permission for construction of the building on the basis of the application























































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