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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Dayal Constructions – Appellant
Versus
State Of Assam Rep. By The Sec. To The Govt. Of Assam Town And Country Planning Deptt. – Respondent
| Table of Content |
|---|
| 1. background on construction permissions. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. previous court decisions about building height. (Para 9 , 10 , 11 , 12 , 19) |
| 3. status of enforcement post hearings. (Para 13 , 14 , 15 , 16) |
| 4. procedural directions for measuring height. (Para 20 , 21) |
| 5. arguments on interpretation of building height rules. (Para 26 , 28 , 29 , 30 , 31) |
| 6. court’s interpretation of height measurement. (Para 34 , 37 , 39 , 44) |
| 7. final ruling on building height compliance. (Para 48) |
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.
PR
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 neighbori....
Height of buildings must be measured excluding basements as per KMB Rules 1999.
The Rules, 1999 are absolutely of technical nature in regard to building construction, and therefore until and otherwise it is established that any of the rule or rules has any sort of technical flaw....
Cancelled permition for construction - Quashment of - As per Rule 56(2) rear open space in back should be 1.5m for building up to 10m height and there shall be an increase of rear open space at the r....
The impugned proceedings were set aside as they were found to be contrary to building permit orders and lacking in factual basis.
(1) Rules applicable to High Rise Buildings cannot be applied to buildings which are not High Rise Buildings – SDMC cannot keep sanction of Revised Building Plan submitted by Appellant in abeyance in....
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