SANJAY KUMAR MEDHI
Tantia Constructions Ltd. – Appellant
Versus
Guwahati Metro Politan Development Authority – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Heard Shri P. Das, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned counsel appearing for the GMDA.
2. The instant writ petition has been filed challenging a notice dated 11.11.2011 issued by the respondent no. 1 whereby the construction of the petitioners was directed to be demolished.
3. The petitioner no. 2 claims to be the owner of a Small Scale Industries, namely, M/S Tantia Construction Ltd. which is the petitioner no. 1 in this petition. The said Industry is situated at Pamohi Village under Ramcharani Mouza of Azara Gaon Panchayat in the district of Kamrup. As per the petitioners, the area falls under the gaon panchayat and is not covered under the Master Plan of 2025. The petitioner had accordingly started the manufacturing unit after obtaining necessary permission from the concerned gaon Panchayat.
4. It is the case of the petitioners that in spite of the aforesaid facts and circumstances, the respondent no. 1 had issued a Show-Cause Notice dated 17.09.2011 to the petitioner which was responded to on 27.09.2011. However, it is contended that without considering the said response, the impugned demolition notice dated 11.
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