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2024 Supreme(Online)(GAU) 12144

HIGH COURT OF GAUHATI
MR. JUSTICE MANISH CHOUDHURY, J
BHARATI BARMAN AND 2 ORS. – Appellant
Versus
THE STATE OF ASSAM AND 9 ORS. – Respondent


Advocates:
MR. S K DAS, MR R KARIM, MR D BARMAN, SC, G M D A, MR. N ALAM, GA, ASSAM

ORDER

Date : 21.10.2024 Heard Mr. D. Barman, learned counsel for the petitioner in person; Mr. P. Nayak, learned Standing Counsel, GMDA for the respondent nos. 2 & 3; and Mr. N. Alam, learned counsel for the respondent no. 4.

2. Mr. Barman has referred to the previous Orders dated 29.11.2023 and 21.12.2023 and also to the notice issued on 05.01.2024 under Section 87 of the GMDA Act, 1985 to the respondent no. 4 and an Order of even date passed by the Chief Executing Officer, GMDA in exercise of the powers under Section 88 of the GMDA Act, 1985.

3. From the Order dated 05.01.2024, it transpires that the construction of the boundary walls of the said plot of land had been made unauthorizedly without valid permission and in contravention of provisions of prevailing bye-laws and the GMDA Act, 1985 and directions were made to the respondent no. 4 to demolish the above construction within 10 days from the receipt of the Order failing which the GMDA would be free to proceed with the demolition of the unauthorized boundary walls on its own, without giving any further intimation, etc.

4. After passing of the same Order dated 05.01.2024, when the matter was listed on 23.04.2024, Mr. Nayak, learn

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