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DEVASHIS BARUAH
KAILASH CHAND SHARMA S/O LATE JWALA PRASAD SHARMA – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the Petitioner and Mr. S. Bora, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 to 5.
2. Taking into account the dispute involved in the instant proceedings, this Court is inclined to dispose of the instant writ petition at the motion stage itself.
3. Further to that, in view of the dispute involved, this Court does not find it relevant to issue notice upon the Respondent Nos.6 and proforma Respondent No. 7.
4. From the materials on record, it is seen that the proforma Respondent No. 7 vide a Deed of Sale bearing Deed No. 13352 dated 28.12.2020 had sold a plot of land to the Petitioner herein admeasuring 4.86 Lechas covered by Dag No. 2396 (new) of K.P. Patta No. 860 (new) situated at Revenue Village - Sahar Fatashil under Mouza Beltola within Dispur Revenue Circle in the District of Kamrup (M) Assam.
5. Pursuant to the said sale, it transpires that the Petitioner constructed a commercial shop on the said land which has been assessed by the Guwahati Municipal Corporation as Holding No. 12559420 of Ward No. 6. It further appears that on 09.01.2024, the Assistant To
The necessity of issuing a notice to the owner before demolition under Section 337 of the Guwahati Municipal Corporation Act, 1971, is essential to uphold natural justice.
Point of Law : The assessment of a building to tax cannot legalise an illegal and unauthorisedly constructed building. Assessment of tax cannot operate as estoppel against the statutory power conferr....
The power of judicial review is exercisable only against the final decision, not against a tentative view.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
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