By this application under article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the direction contained in the letter No.UDD(T)/284/2010/9 dtd.29.12.2010 issued by the Under Secretary to the Government of Assam, Urban Development Department and addressed to the Chairman, Tezpur Develo#31;pment Authority, Tezpur (Annexure-5 to the writ petition) as well as the letter bearing No.TDA/BP/Mazgaon/2013/10/590 dtd. 05.01.2011 issued by the Chairman, Tezpur Development Authority and addressed to the petitioner (Annexure-4 to the writ petition).

2. The petitioner is the owner and possessor of a plot of land measuring 2 bighas 3 kathas and 11 lechas covered by dag Nos.967 and 3 of patta Nos.14 and 433 of village- Mazgaon in the revenue district of Sonitpur (Assam). The said land is situated at Mission Chariali by the side of the National Highway (NH)37A.

3. The petitioner applied before the Tezpur Development Authority ("the Development Authority" hereafter) on 22.08.-2008 seeking permission to construct a multistoried RCC building having 7 floors for a shopping mall and cinema complex on the aforesaid plot of land. By order dated 25.09.2008, the Development Authority approved the said application alongwith the map submitted and granted permission for construction. The petitioner also obtained such permission from the Mazgaon Gaon Panchayat.

4. According to the petitioner, after obtaining the construction permission, he contacted various persons to raise necessary finances to construct the said multi-storied building. Finally, a company known as Satyam Krishna Infra-Project Private Limited, of which the petitioner is also a director, decided to construct the said building. After arranging the necessary finances, the construction work was started and within a span of 15 months, the outer construction of the building was completed.

5. Thereafter, the petitioner received a letter bearing No.TDA/BP/Mazgaon/2013/10/590 dtd.05.01.2011 issued by the Chairman of the Development Authority. By the said letter, it was stated that the No Objection Certificate (NOC) for construction of the commercial complex (G + 7) issued to him on 25.09.2008 has been stayed until further order. The petitioner was asked to stop the construction of the said building immediately. Be it stated that copies of the aforesaid letter dated 05.01.2011 were marked to the Under Secretary to the Government of Assam, Urban Development Department and also to the Station Comm#31;ander, Tezpur Militaiy Station. Alongwith the said letter, a copy of a letter received from the said Under Secretary was also enclosed. The enclosed letter is one bearing No.UDD(T)284/2010/9 dtd. 29.12.2010 issued by the aforesaid Under Secretary and addressed to the Chairman of the Develo#31;pment Authority. By the said letter, it was stated that the permission granted on 25.09.2008 for construction of a high rise building by the petitioner is within the periphery of 500 meters of the Military Station at Tezpur. The Chairman of the Development Authority was informed that the said permission has been stayed until further order. A copy of the said letter was marked to the Station Commander, Tezpur Military Station.

6. The petitioner, who was directed to stop the construction of the building by the aforesaid letters, sought for certain information from the Development Authority through his counsel under the Right to Information Act, 2005 vide the letter dated 10.01.2011. Since in the Government letter dated 29.12.2010 there was a reference to a letter of the Development Authority bearing No.TDA/BP/Mazgaon/2013/494 dated 09.09.2010, a copy of the said letter was also sought for alongwith two other heads of information. The following were the information sought for :-

(i) Copy of the office letter No. TDA/BP/Mazgaon/2013 7494 dated 9.9.2010.

(ii) Any other correspondence between the army authorities and the Development Authority.

(iii) Copies of all offi