IMPORTANT POINT
A writ petition is not maintainable when an adequate statutory remedy exists; the petitioner must pursue the appeal process under the GMDA Act.

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 that she purchased a plot of land measuring 1.34 Are, covered by Dag no. 474 & Patta no. 328, situate at revenue Village - Notboma, Mouza – Beltola, Revenue Circle - Dispur, Sub-Division – Guwahati, District – Kamrup [Metro] [‘the subject-plot’, for short] vide a registered Sale Deed bearing registration no. 12483 dated 25.08.2021. The subject-plot stood mutated in favour of the petitioner pursuant to an Order of Mutation dated 16.09.2021 passed by the Circle Officer, Dispur Revenue Circle. It is stated that after obtaining mutation in respect of the subject-plot, the petitioner applied for building permission for construction of a RCC building up-to G+1 [ground and up-to first floor] on the subject-plot under the Mukhya Mantri Sohoj Griha Nirman Achoni and the petitioner was granted a Planning Permit vide Letter no. GMDA/PP/MMSGNA/20220801/04431 dated 01.08.2022 and a No Objection Certificate vide Letter no. GMC/BP/MMSGNA/20220801/04431 dated 01.08.2022. After completion of contraction of the RCC Building up to G+1, the petitioner applied for building permission up to G+2 [ground and up to second floor] and the petitioner stated to have obtained the plan approved on 13.01.2023 by Empanelled Registered Technical Personnel [ERTP]. Thereafter, the petitioner was granted Planning Permit vide no. GMDA/PP/MMSGNA/20230114/05460 dated 14.01.2023 and No Objection Certificate for construction vide Letter no. GMC/BP/MMSGNA/20230114/05460 dated 14.01.2023.

4. It is the case of the petitioner that during the construction of the building an incident occurred on 19.09.2024 within the subject-plot and in connection with the said incident, a complaint came to be lodged by one Baharul Islam before the GMDA authorities. The said complaint was registered vide Ecf no. 565527/20 on 03.12.2024 by the respondent no. 2. The petitioner has further contended that it was after the said incident, the complaint and the registration of the complaint, the impugned Show-Cause Notice / Stop Construction Notice came to be issued by the respondent no. 2 purportedly in exercise of powers under Section 87 and Section 88 of the GMDA Act. The petitioner has stated that in response to the Show- Cause Notice / Stop Construction Notice, the petitioner submitted her Reply before the respondent GMDA Authorities. Thereafter, the impugned Order dated 27.01.2025 has come to be passed by the respondent no. 2 in exercise of power under Section 33 of the GMDA Act whereby the Planning Permit dated 14.01.2023 [supra] issued in favour of the petitioner has been revoked with immediate effect. As per the Show-Cause Notice / Stop Construction Notice dated 03.12.2024, on visits of the officials to the construction site, violations of the approved plan and manipulation of facts were noticed. Thereafter