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2012 Supreme(Gau) 38

UJJAL BHUYAN
Anurag Agarwal – Appellant
Versus
State of Assam & Ors. – Respondent


Advocates Appeared:
Advocates appeared for the Appellant:
Mr. B. C. Das, Mr. D.N. Bhattacharjee, Mr. S.K. Singh , Mr. U.Datta
Advocates appeared for the Respondents:
GA, Assam, ASSTT. S.G I., Mr. S. Bhattacharjee, Ms. M. Bhattacharjee, Ms. S. Nath, For Caveator , Mr. A. Ganguly.

Ujjal Bhuyan, J;—

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














































































































































































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