JUDGMENT

Date : 30-01-2025

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.J. Das, learned counsel for the petitioner. Also heard Mr D Saikia, learned Advocate General assisted by Mr. S Bora, learned counsel for the respondent GMDA & GMC. Also heard Mr. K.P Pathak, learned senior counsel assisted by Mr. B.D. Deka, learned counsel for respondent No.5 and Mr. D. Das, learned senior counsel assisted by Mr. D Gogoi, learned counsel for respondent No.6.

2. The present writ petition is filed with the following prayers:

I. Setting aside the Guwahati Metropolitan Development Authority (GMDA) permit dated 10.09.2020, the Guwahati Municipal Corporation (GMC) permit dated 19.09.2020 being illegal on the ground that in the said permissions Tarun Nagar By Lane No.2 has been taken to be 8.35 meters ignoring the actual width of the road which resulted in FAR of 275 in favour of the respondent No. 5.

II. The decision of the respondent authorities to grant FAR of 275 (2.75) to respondent No.5 is also under challenge on the grounds of actual entitlement of FAR 175 (1.75).

3. The matter pertains to the construction/development of a residential apartment project in the Tarun Nagar loc