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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Rukshana Parveen D/o Jakir Hussain – Appellant
Versus
Guwahati Metropolitan Development Authority Represented By Chief Executive Officer, Bhangagarh, Guawahati – Respondent
JUDGMENT
Heard MS. K.A. Pujari, learned counsel for the petitioner and Mr. P. Nayak, learned Standing Counsel, GMDA & GMC for the respondent nos. 1, 2 & 3.
2. The instant writ petition under Article 226 of the Constitution of India has been preferred initially, to assail a Show-Cause Notice / Stop Construction Notice dated 03.12.2024 issued under Section 87 and Section 88 of the Guwahati Metropolitan Development Authority [GMDA] Act, 1985 in respect of construction of one RCC [G+2] residential building [completed 2 nd floor roof casting], undertaken by the petitioner. The notice was issued on the ground that there were violations of the provisions of the Building Bye-Laws and the Guwahati Metropolitan Development Authority Act, 1985 [‘the GMDA Act’, for short]. Subsequently, an Order has been passed on 27.01.2025 by the respondent no. 2 whereby the respondent no. 2 in exercise of the powers conferred under Section 33 the GMDA Act, has revoked the Planning Permit dated 14.01.2023 issued earlier for addition of the 2 nd floor to the petitioner, with immediate effect.
3. The petitioner has stated
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.
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.
The authority must follow procedural fairness in adjudicating environmental compliance cases, and mere mention of evidence does not signify its consideration.
The Tribunal has the authority to compound minor building violations, and its findings on such matters are final, especially when the petitioner fails to act on submitted revised plans.
Civil suits challenging demolition orders for unauthorized construction are not maintainable where specific provisions of the DMC Act provide for an appellate forum, reinforcing the jurisdictional li....
Dispute relating to ownership are matters to be decided by the Civil Court and not by any Revenue court or authority which does not have such jurisdiction.
A demolition notice issued without proper service of a show-cause violates principles of natural justice, thus rendering the notice void and enabling the affected party to defend themselves upon re-i....
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