The court upheld that building heights must adhere to regulatory frameworks, enforcing a maximum of 11.5 meters and requiring municipal compliance for construction, protecting the rights of neighboring properties.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. B.D. Konwar, the learned Senior Counsel assisted by Mr. H. Agarwal, the learned counsel appearing on behalf of the Petitioners in WP(C) No. 1212/2023 and Mr. B. Dutta, the learned Senior Counsel assisted by Mr. S. Deka, the learned counsel appearing on behalf of the Petitioners in WP(C) No. 392/2023. I have also heard Mr. S.S. Roy, the learned Standing Counsel appearing on behalf of the Tinsukia Municipal Board and Mr. N. Das, the learned Government Advocate appearing on behalf of the State Respondents and District Administration.

2. Both the writ petitions are interrelated and as such, are taken up for disposal by this common judgment and order.

PREFACE:

3. The Petitioners in WP(C) No. 392/2023 are aggrieved by the inaction on the part of the Tinsukia Municipal Board in allowing the Respondent Nos. 4 and 9 of the said writ petition to undertake further construction pursuant to the building construction permission (NOC) bearing No. TMB(Kha)2/Per/2012/530 dated 12.05.2014 and Renewal Permission bearing No. TMB(Tech)/AE/ Renewal/2014/3315 dated 05.02.2016 issued by the Tinsukia Municipal Board. The said Petitioners have also sought for a direction upon the Respondent No. 3 i.e. the Executive Officer of the Tinsukia Municipal Board to take appropriate actions against the Respondent Nos. 4 to 9 for violation of the provisions of the Assam Unified Building Construction (Regulation) Bye-Laws, 2022. The Petitioners have also sought for a relief thereby directing the Respondent Nos. 4 to 9 to dismantle the illegal construction, whatsoever carried out in violation of the Assam Notified Urban Areas (other than Guwahati) Building Rules, 2014 (for short, “the Rules of 2014”) and the Assam Unified Building Construction (Regulation) Bye-Laws, 2022.

4. The Petitioners in WP(C) No. 1212/2023 are the Respondent Nos. 4 and 6 in WP(C) No. 392/2023. They have approached this Court by filing the instant writ petition seeking a direction upon the Executive Officer of the Tinsukia Municipal Board to carry out the physical verification of the building in question, to ascertain the height of the said building.

BRIEF FACTS:

5. For the purpose of convenience, this Court would refer to the parties in the present judgment in the manner they have been arrayed in WP(C) No. 392/2023.

6. The materials on record show that one Smt. Gayatri Devi Choudhury sought for permission from the Tinsukia Municipal Board for construction of a multi-storied commercial building. In the said application, the permissions sought for were for basement parking, ground floor, first floor, second floor, third floor, and the fourth floor. The said application was filed on 07.02.2014. The permission was granted by the Tinsukia Municipal Board on 12.05.2014 whereby the following areas were allowed to be constructed in the multi-storied building:

Basement (parking)- 4,567.25 square feet;

Ground floor- 4,923.73 square feet;

First floor- 4,923.73 square feet;

Second floor— 4,708.88 square feet;

Third floor— 4,708.88 square feet and

Fourth floor— 3,648.56 square feet.

7. From the approved plan which has been enclosed as Annexure-2 to the writ petition being WP(C) No. 392/2023, it is mentioned that the parking would be a basement parking. It further appears from Annexure-3 to the writ petition, that on 15.12.2015, an application was filed by the said Smt. Gayatri Devi Choudhury seeking renewal of the permission which was granted on 12.05.2014. The said application for