ORDER

Date : 31-10-2018 Heard Mr. SN Tamuli, learned counsel for the petitioners and Mr. R Dhar, learned Government Advocate, Assam.

By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of stop construction notice dated 23.03.2018, issued to the petitioners by the Chairman, Bongaigaon Municipality.

Petitioners are constructing an RCC building on their plot of land. Alleging that construction was being carried out in violation of the building norms, WP(C) No.7002/2016 (Aleman Nessa & Ors. Vs. State of Assam), was filed before this Court by the neighbours.

This Court by order dated 21.11.2016 while issuing notice, passed an interim order that Bongaigaon Municipality should ensure that further construction of the RCC building did not take place. Finally, WP(C) No.7002/2016 was heard and decided on 05.01.2018. The writ petition was disposed of in the following terms: -

“Taking note of the aforesaid submission of the learned counsel for the parties and having regard to the nature of controversy involved in this writ petition, the petition is being disposed of on the above consensus evolved at the Bar by providing that the respondent Nos.6 and 7 ma