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2023 Supreme(Gau) 1079

DEVASHIS BARUAH
Sufal Kumar Dutt S/o Lt. Apurba Kumar Dutta – Appellant
Versus
Guwahati Metropolitan Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. K. Choudhury, Mr. P. Bharadwaj, Advocate
For the Respondent: Mr. S. Bora, Standing Counsel, GMDA

JUDGMENT :

1. The instant writ petition has been filed challenging the order dated 15.11.2013 issued by the Chief Executive Officer, Guwahati Metropolitan Development Authority whereby the Petitioners herein were directed to demolish the unauthorized portion of the building and stop the unauthorized use of the same within 5 days from the receipt of the order failing which the GMDA would be free to proceed with demolition of the unauthorized portion of the building or sealing of the premises of the unauthorized construction and use of the building on its own without giving any further intimation; and expenses thereof shall be recovered from the Petitioners.

2. The facts involved in the instant case as could be seen from a perusal of the pleadings available on record are that one Shri Nirmal Kr. Sen vide a registered Deed of Sale bearing Deed No.2459/1989 transferred a plot of land measuring 15 Lechas covered by Dag No.1758(old), Medi Kheraj Patta No.842(new), Dag No.914 (new) included in Patta No.1540 situated at Krishna Nagar, Girija Das Colony, Paltan Bazar, Guwahati under Mouza Sahar Guwahati, Block No.II along with a RCC building standing thereon assessed as Holding No.64 of Ward

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