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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Shiw Nath Singh S/o. Late Banarasi Singh – Appellant
Versus
State Of Assam, Represented By The Secretary To The Govt. Of Assam, Town And Country Planning Department – Respondent
| Table of Content |
|---|
| 1. background of demolition notice and prior permissions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. litigation background and procedural history. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court observations on procedural fairness and prior decisions. (Para 11 , 12 , 27) |
| 4. arguments concerning compounding and adherence to zoning regulations. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. legal consequences of unauthorized construction. (Para 24 , 25 , 26) |
| 6. final order on the writ petition. (Para 28) |
JUDGMENT :
(MANISH CHOUDHURY, J.)
Invoking the extra-ordinary and discretionary jurisdiction of this Court under the Article 226 of the Constitution, the petitioner has instituted the instant writ petition seeking inter alia setting aside and quashing of a demolition notice dated 16.06.2023 [Annexure – 6] and also, for a direction in the nature of mandamus to the authorities in the respondent Tinsukia Municipal Board not to give effect to the impugned demolition notice dated 16.06.2023. Further directions in the nature of mandamus have been sought to direct the respondent no. 2 to comply with the direction made in a common Judgment & Order dated 23.03.2023 passed in two writ appeals, Writ App
Unauthorized constructions must be demolished, and the requirement for valid permits is strictly upheld under the applicable Building Rules.
In no uncertain terms that where the land use is changed or the development is done without permission of the authority, the land has to be restored to its original condition.
Unauthorized constructions cannot be legitimized due to administrative delays; strict compliance with building regulations is essential.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
Unauthorized constructions cannot be legalized if the necessary application procedures and building regulations are not followed, emphasizing the importance of legislative intent in such matters.
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