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SANJAY KUMAR MEDHI
Navarun Das, S/o. Bani Prakash Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Shri B.K. Das, learned counsel for the petitioners. Also heard Shri S. Bora, learned Standing Counsel for the GMC, GDD & GMDA whereas Shri N. Alam, learned counsel has appeared for the respondent no. 6 in both the cases.
2. Both the writ petitions arising out of the same cause of action, the same are taken up together for final disposal.
3. The issue started from a complaint lodged by the respondent no. 6 before the GMDA against the petitioners whereby the primary issue was blocking the ingress and egress of the road which they have been using. Allegations of violation of the building plan have also been made in the constructions made by the petitioners.
4. On such complaint, a Show Cause Notice was issued on 30.10.2021 to the petitioners to give them an opportunity to place their case on the aforesaid complaint. On 03.11.2021, the reply was submitted by the petitioners explaining that there was no violation of any building plan or permission and all the constructions were done in accordance with law. In the first writ petition, the initiation of the proceeding was the subject matter of challenge and during the pendency of the said writ petition, the GMDA had passed
Dispute relating to ownership are matters to be decided by the Civil Court and not by any Revenue court or authority which does not have such jurisdiction.
A writ petition is not maintainable when an adequate statutory remedy exists; the petitioner must pursue the appeal process under the GMDA Act.
A development authority has jurisdiction over areas included in its master plan. Principles of natural justice, specifically the right to a hearing, are flexible; an order is not invalidated by the a....
Demolition orders under the GMDA Act must comply with principles of natural justice, including proper notice and opportunity for the affected party to be heard.
The court emphasized the necessity of exhausting statutory remedies under the GMDA Act before pursuing a writ petition, particularly in cases involving disputed facts.
The central legal point established in the judgment is the importance of providing conclusive evidence to support jurisdictional disputes and compliance with zoning regulations.
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