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DEVASHIS BARUAH
Games Village Residents Welfare Society – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. The instant writ petition is taken up for disposal at the motion stage itself.
2. The Petitioner No. 1 herein is a Society registered under the provisions of the Societies Registration Act, 1860 and the Petitioner Nos. 2 & 3 are members of the said Society. For the sake of convenience, the Petitioner No. 1 herein is referred to as the Petitioner Society. In the year 2006, the Respondent No. 2 i.e. the Guwahati Metropolitan Development Authority had promoted a residential township by constructing multistoried buildings consisting of 700 flats for the Games Village to accommodate the players and officials of the 33rd National Games held in 2007 at Guwahati over a plot of land admeasuring 36.41bighas. In the said Games Village there are in total 25 numbers of towers classified as Block-A and Block-B. In Block-A there are 16 numbers of towers consisting of 7 floors each with four apartments on each floor having three bedroom flats and in Block-B there are 9 numbers of towers consisting of 7 floors each with 4 apartments on each floor which are two bedroom apartments. Out of the said 700 flats, 696 flats were sold to various individual purchasers who conjo
The court's decision emphasized the need for evidence and compliance with the Guwahati Metropolitan Development Authority Act, 1985, in cases of unauthorized constructions, while also allowing for eq....
The petitioner has a remedy of appeal and the writ petition is dismissed.
The main legal point established in the judgment is that unauthorized construction exceeding the permissible limit cannot be regularized under the Act of 2016.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
Unauthorized construction cannot be regularized as a minor deviation under the Howrah Municipal Corporation Act, and must be demolished if not sanctioned.
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