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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Dilip Kumar Thakuria, S/o Late Naresh Chandra Thakuria – Appellant
Versus
Guwahati Municipal Development Authority, Represented By The Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. challenge to demolition notice under gmda act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties argument on jurisdiction and due process. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. analysis of gnada act statutory provisions and scope. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 34 , 35) |
| 4. court holds gmda has jurisdiction and followed procedure. (Para 32 , 33 , 36 , 37 , 38) |
| 5. dismissal of petition. (Para 39) |
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”),
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 a....
A writ petition is not maintainable when an adequate statutory remedy exists; the petitioner must pursue the appeal process under the GMDA Act.
Demolition orders under the GMDA Act must comply with principles of natural justice, including proper notice and opportunity for the affected party to be heard.
Point of Law : The assessment of a building to tax cannot legalise an illegal and unauthorisedly constructed building. Assessment of tax cannot operate as estoppel against the statutory power conferr....
The court emphasized the necessity of exhausting statutory remedies under the GMDA Act before pursuing a writ petition, particularly in cases involving disputed facts.
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