The power of judicial review is exercisable only against the final decision, not against a tentative view.

JUDGMENT :

The writ petition has been instituted under Article 226 of the Constitution of India to assail a notice bearing no. GPL/UC/81/882/2023/412 dated 17.11.2023 issued under the hand of the respondent no. 3.

2. I have heard Mr. S. Sharma, learned counsel for the petitioners and Mr. S. Bora, learned Standing Counsel, GDD & GMC for all the respondents.

3. In order to appreciate the nature of challenge, the contents of the said notice dated 17. 11.2023 are extracted hereinbelow in its entirety :-

OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION

BHANGAGARH - GUWAHATI-781001

GPL/UC/81/882/2023/412 Dated : 17.11.2023

To,

Vintage Cafe & Restaurant

Damayanti Mansion Housing Society

Guwahati – 781001

Whereas, you have carried out erection of an R.C.C. building without adequate setback area in Vintage Cafe & Restaurant at Damayanti Mansion Housing Society, Guwahati.

A notice asking for documents was served vide letter no. GPL/UC/81/882/2023/412 dated 17.11.2023 in the name of Vintage Cafe & Restaurant. But in response to the notice, Vivek Agarwal, owner of the restaurant has submitted a reply on 18.09.2023, which is not satisfactory. Hence, the notice u/s 337[1] & [2] is now prepared in the name of Vintage Cafe & Restaurant at Damayanti Mansion Housing Society Guwahati.

You are, therefore, directed to discontinue the undertaken works of erection or re-erection of occupying the setback area of the building at Damayanti Mansion Housing S ociety, Guwahati forthwith at your own cost and to submit report within 07 [seven] days as to why the unauthorized construction should not be demolished/sealed.

If you do not submit any explanation as demanded above or if the explanation submitted is found unsatisfactory, the Guwahati Municipal Corporation would be free to proceed under Section 337 [3] & 337 [A] [1] of G.M.C Act, 1971 to demolish/seal the unauthorized Construction as mentioned in Schedule.

SCHEDULE-A

Commissioner

Guwahati Municipal Corporation

Guwahati

4. Mr. Sharma, learned counsel for the petitioners has submitted that the petitioners were neither the builder nor the owner of the premises and as such, there cannot be any question of demolishing any unauthorized part of the construction by the petitioners. The petitioners have taken the premises only on rent from the owner of the premises to run a cafe & restaurant by the name of Vintage Cafe & Restaurant. By referring to the contents of the notice, Mr. Sharma has contended that the show cause notice is vague and ambiguous inasmuch as by the show cause notice, the petitioners have been asked to submit explanation as to why the unauthorized construction, mentioned in the schedule, should not be demolished or sealed.

5. In response, Mr. Bora, learned Standing Counsel, GMC appearing for the respondents, has submitted that from the text and tenor of the notice, it is evident that the petitioners have been served with the notice in respect of alleged unauthorized act, “Uses of Building setback area for commercial purpose of Vintage Cafe & Restaurant”. He has further submitted that the law as regards interference with a show cause notice is well settled and since the petitioners have already submitted their reply in response to the show cause notice dated 17.11.2023, the respondent authorities would consider the said reply qua the show cause notice as regards the unauthorized act, “Uses of Building setback area for commercial purpose of Vintage Cafe & Restaurant”, in accordance with law.

6. I have considered the submission of the learned counsel for the partie