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ARUN DEV CHOUDHURY
On The Death of Dilip Kr. Mazumdar His Legal Heirs Sucheta Mozumder – Appellant
Versus
Gauhati Metropolitan Development Authority Rep. By Its Chief Executive Officer – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
Heard Mr. SP Roy, learned counsel for the petitioner in WP(C) 2889/2011. Also heard Mr. S Bora, learned standing counsel for the GMDA and Ms. RD Mozumdar, learned counsel for the respondent No. 2 in WP(C) 2889/2011.
2. These two writ petitions are taken up together for final disposal as the subject matter are connected, contesting parties are same.
3. The brief facts and the subject dispute in each of the petitions are recorded hereinbelow:
4. WP(C) 2889/2011
Demolition orders under the GMDA Act must comply with principles of natural justice, including proper notice and opportunity for the affected party to be heard.
A development authority has jurisdiction over areas included in its master plan. Principles of natural justice, specifically the right to a hearing, are flexible; an order is not invalidated by the a....
A writ petition is not maintainable when an adequate statutory remedy exists; the petitioner must pursue the appeal process under the GMDA Act.
The court emphasized the necessity of exhausting statutory remedies under the GMDA Act before pursuing a writ petition, particularly in cases involving disputed facts.
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....
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