A development authority has jurisdiction over areas included in its master plan. Principles of natural justice, specifically the right to a hearing, are flexible; an order is not invalidated by the absence of a personal hearing if the party was given an opportunity to show cause and no prejudice resulted.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Additional Advocate General and Mr. H. K. Hazarika, learned Government Advocate, for the State respondents and Ms. D. R. Bonghsiary, learned counsel appearing on behalf of Mr. S. C. Das, learned counsel for the respondent No. 5.

2. By filing this writ petition, the petitioner has put to challenge the order dated 11.07.2023, passed by the Chief Executive Officer, Guwahati Metropolitan Development Authority, Guwahati, whereby the petitioner has been directed to demolish the unauthorized construction of building in violation of Guwahati Metropolitan Development Authority Act, 1985 (for short, “the GMDA Act, 1985”), Zoning Regulations and Building Byelaws made therein within 10 (ten) days of the receipt of the order, failing which the authority would proceed with the demolition of the unauthorized portion of the building without any further intimation and recover the expenses incurred thereof from the petitioner.

3. The case of the petitioner, in brief, is that he had purchased land and property standing thereon in his name and in the name of his wife by way of registered sale deeds executed in the years 2016 and 2023 from one Smti. Satyebati Kakati. The said land is situated at Dharapur Revenue Village under Ramcharani Mouza, within the jurisdiction of 32 No. Dharapur Gaon Panchayat at Khanamukh, measuring 2 Kathas covered by Dag No. 857 and Patta No. 524. One RCC building of G+4 floors has been constructed on the said land. Subsequently, mutation was granted in favour of the petitioner and his wife after following due procedure of law and corresponding entries were also reflected in the Integrated Land Records Management System (Dharitree).

4. It is the case of the petitioner that in the year 2006, the original owner, namely, Smti Satyebati Kakati, had applied before the 32 No. Dharapur Gaon Panchayat seeking permission for construction of RCC building (G+4) along with boundary wall over the said land. Pursuant thereto, a No Objection Certificate dated 30.11.2006 was issued by the President of the said Gaon Panchayat for a period of 1 (one) year. Thereafter, construction of the RCC building was undertaken with the knowledge and supervision of the concerned Gaon Panchayat authorities. The technical and engineering staff of the Panchayat had also inspected the construction and found no deviation from the approved plan.

5. While the petitioner was carrying on business in the said premises under the name and style of M/S Thakuria Auto Wheels, the Guwahati Municipal Development Authority (‘GMDA’, for short) issued a communication dated16.08.2021 addressed to the M/S Thakuria Auto Wheels, directing to submit the No Objection Certificate and approved building plan, failing which action will be taken under the provisions of the GMDA Act, 1985. The said communication was issued on the basis of complaints lodged by Shri Balendar Chandra Thakuria and Shri Jatindra Nath Das, respondent Nos. 6 & 7 herein, alleging, inter alia, blockage of drain and deviation in setback areas in the construction of the said building. On receipt of the aforesaid communication, the petitioner submitted the relevant documents before the GMDA including the No Objection Certificate issued by the 32 No. Dharapur Gaon Panchayat in favour of the original owner, site/service plan of the RCC building (G+4), land documents, trace map and revenue payment receipts. In spite of submission of required docum