The Appellate Authority under the Assam Town & Country Planning Act has jurisdiction to hear appeals against stop construction orders issued under the Assam Municipal Act.

Judgment and Order :

SOUMITRA SAIKIA, J.

Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Das, learned Senior Counsel assisted by Mr. D. Choudhury, learned counsel for the respondents.

2. The facts shorn of unnecessary details as contended before this Court are that the petitioner is a resident of Ward No.4, Pathsala Town Committee, District- Barpeta. The petitioner was granted an No Objection Certificate (NOC) for construction of a RCC building (G+1) by the Pathsala Town Committee. The said building was sought to be constructed on the plot of land belonging to the petitioner measuring 3 Katha 11 Lechas covered by Dag No.435 and 441, Patta No.110 in Ward No.4, Mouza- Uttar Bajali, Pathsala Town of Pathasala. The said land was purchased by the petitioner by executing a Registered Sale Deed. By order dated 06.10.1997 passed by the Circle Officer in Mutation Case No.26/1995-96, the land was mutated in the name of the petitioner. Since then the petitioner has been living in peaceful possession of the said land.

3. The petitioner was issued the NOC by order dated 19.08.2011 by the Pathsala Town Committee for construction of RCC (G+1) building. Thereafter, the petitioner again applied for permission before the Pathsala nd Town Committee for construction of 2 Floor of the existing RCC building. This application was filed by furnishing all necessary documents which was duly accorded on 30.07.2012 by the Pathsala Town Committee after being satisfied with all papers filed by the petitioner in support of his application seeking the building permission.

4. Pursuant to the permission being granted the petitioner proceeded for nd construction of the 2 Floor. When the construction was on the verge of completion, the private respondent no.4 filed a complaint before the Pathsala Town Committee in connection with the construction undertaken by the petitioner. The said complaint was filed by the respondent no.4 alleging that the petitioner had constructed the building by violating the norms prescribed. Pursuant to the complaint raised, the Pathsala Town Committee issued an order dated 24.03.2014 directing the petitioner to “Stop Construction”. On being served with this “Stop Construction” Notice, the petitioner filed a reply denying the allegations made in the complaint and questioning the locus of the respondent no.4 in filing the complaint and requested the Pathsala Town Committee to revoke the “Stop Construction” order and permit to the petitioner for proceed with the construction.

5. Since the Pathsala Town Committee Authority did not proceed to adjudicate the matter, the petitioner filed another application before the Town Committee for expeditious disposal of the complaint. While the matter was pending before the Pathsala Town Committee, the private respondent no.4 preferred an appeal before the Appellate Authority prescribed under Section 43 of the Assam Town & Country Planning Act, 1959. In the said appeal the permission dated 19.08.2011 and 30.07.2012 issued by the Pathsala Town Committee came to be challenged. The Appellate Authority by order dated 22.04.2014 issued notice on the respondent directing the respondent namely the petitioner herein to appear before the Court on the date fixed and asked the petitioner not to continue the construction of the building which has already been stopped by the Pathsala Town Committee.

6. Being aggrieved by the order dated 22.04.2014 passed by the Appellate Authority under the Assam Town & Country Planning Act, 1959 invoking it’s jurisdiction the present writ petition has been filed by the petitioner. While issuing notice this Court by order dated 20.06.2014 directed that the Parties shall maintain status quo in respect of the construction carried on by the writ petitioner as well as the proceedings before the Appellate Court till the returnable date. Subsequently, the interim order was extended and the same continues to operate till date.

7. The learned counsel for the petiti