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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Srimati Putul Kalita W/o Late Padma Ram Kalita – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
Heard Mr. W. Raja, learned counsel for the petitioner; Mr. P. Nayak, learned Standing Counsel, Guwahati Metropolitan Development Authority [GMDA] for the respondent nos. 1, 2, 3, 4 & 6; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 5 & 7.
2. In this writ petition under Article 226 of the Constitution of India, the petitioner has stated that the petitioner and her daughter [the respondent no. 8] purchased a plot of land measuring 1 Katha 5 Lessas, covered by Dag no. 278 & Patta no. 123, situate at Sahar – Bharalumukh Part-II, Mouza – Jalukbari, Guwahati Revenue Circle [‘the subject-plot’, for short] by way of a registered Sale Deed no. 4471 dated 10.11.1994. After the purchase, the subject-plot got mutated in the name of the petitioner and the respondent no. 1 jointly by an Order dated 24.03.1995 passed in Mutation Case no. 273/1994-1995 by the respondent no. 7. At the time of purchase of the subject-plot, there were one pre-existing RCC [G+1] building and one RCC Assam type house attached with the RCC building on the subject-plot.
3. The petitioner has further stated that there was no mention in the Sale Dee
The court emphasized the necessity of exhausting statutory remedies under the GMDA Act before pursuing a writ petition, particularly in cases involving disputed facts.
A writ petition is not maintainable when an adequate statutory remedy exists; the petitioner must pursue the appeal process under the GMDA Act.
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.
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....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
The impugned order was found to be arbitrary and unreasoned, and in contravention of statutory provisions, leading to its setting aside by the court.
A writ petition challenging local authority actions is not maintainable when alternative statutory remedies are available, especially if a related appeal is pending.
The Court directed the corporation to act against unauthorized construction based on the outcome of an ongoing appeal, emphasizing that appellate bodies must operate independently.
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