The bar on using agricultural land for non-agricultural purposes without re-classification and permission from the competent authority.

ORDER

Date : 19.03.2024 Heard Mr. P. Mahanta, learned counsel for the writ petitioner in both the cases. Also heard Mr. S. S. Roy, learned counsel for the respondent Nos. 1, 2, 4, 5 & 6 in both the cases; Mr. G. Choudhury, learned counsel for the respondent Nos. 7, 8, 9 & 10 in WP(C) 1788/2018, and Mr. A. Baruah, learned counsel for the respondent No. 3 in both the cases. No one appears for the respondent No.

7, Dolabari Gaon Panchayat in WP(C) 521/2023.

2. The two writ petitions are being disposed of by this common order, inasmuch as, the issue to be decided, i.e., the challenge to the notice given to the petitioner to demolish his constructions, as no prior permission was taken by him from the Tezpur Development Authority, pertains to both the writ petitions. 3. In WP(C) 1788/2018, the petitioner has prayed for setting aside the notice dated 19.03.2018 issued to the petitioner, directing him to demolish the petitioner’s constructions. In WP(C) 521/2023, the petitioner has prayed for a direction to be issued to the State respondents not to implement the Gazette Notification dated 24.08.2010, publishing the Revised Master Plan & Zoning Regulation for Tezpur-2031, which is the basis for issuance of the notice dated

19.03.2018, to demolish the petitioner’s constructions.

4. The petitioner’s case is that the petitioner is the owner of land measuring 7 Bighas, 1 Katha, 10 Lechas land, out of total land measuring 28 Bighas, 2 Kathas under Dag No. 145(N) P.P. No. 45(N) in the revenue village Vitarsuti in the district of Sonitpur. The classification of land has been shown as “baotoli”, i.e., low agricultural land. The petitioner’s further case is that since 1966, no agricultural activity has occurred over the said land.

5. The petitioner’s counsel submits that the petitioner had purchased the aforesaid land in July, 2015 and made constructions, which was used as a market and he had established one ice factory in the year 2016. He also submits that prior to commencement of the ice factory, the petitioner had applied for trade licence, industry licence and food safety licence, which had been given to him in the year 2016 by the concerned authorities.

6. The petitioner’s counsel submits that on 13.03.2018, a notice was issued by the Tezpur Development Authority to the petitioner, stating that he had made illegal constructions within Tezpur Master Plan area, which was brought under the Tezpur Master Plan, vide Assam Government Notification dated 25.10.1977. As the petitioner had started his construction work, without obtaining the prior permission of the Tezpur Development Authority (TDA, in short), in violation of Section 13(1) of the Assam Town & Country Planning (Amendment) Act, 1959 (in short, ‘the 1959 Act’), the petitioner was asked to stop the construction work and to give a reply as to why appropriate action was not to be taken against him, as per the provisions of Section 30(B)(1), 31, 51 and 52 of the Act.

7. The petitioner thereafter submitted a reply dated 16.03.2018 to the notice dated 13.03.2018, stating that he had constructed an Assam type house for an ice factory besides constructing latrines and bathroom for use by the general public and shop keepers of the daily market. The petitioner stated that he was not aware that permission was required to be obtained from the Tezpur Development Authority, prior to the constructions made by the petitioner. He accordingly apologized for not obtaining prior permission for making the constructions. Along with his reply dated 16.03.2018, the petitioner submitted his land documents along with a form taken from the State respondents office, for obtaining permission for the constructions made. Subsequent to the above events, the Tezpur Development Authority issued a notice dated 19.03.2018 to the petitioner, asking him to demolish all the illegal constructions done by him, as he had made the construction over baotoli land. The baotoli land was to be used purely for cultivation purposes and tha