ORDER

Date : 01-02-2021 Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. L.K. Borah, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Standing Counsel, Guwahati Development Department and Guwahati Metropolitan Development Authority for respondent nos. 1-5 and Mr. J. Ahmed, learned counsel for respondent nos. 6-8.

2. The petitioner claims that he is the owner, pattadar and in possession of a plot of land admeasuring 1 Katha 10 Leccas, covered by Dag No. 427 and K.P. Patta no. 43, located in Village – Hatigaon (Sijubari), Mouza – Beltola, District - Kamrup (M) with defined boundaries (‘the subject-plot’, for short). He had purchased the subject-plot by a registered Sale Deed no. 7344 dated 08.07.1985 from the previous owner. After purchase, the petitioner got his name mutated in the revenue records in respect of the subject-plot and accordingly, his name stands reflected in the Records of Right (Jamabandi). He is paying the land revenues for the subject-plot continuously thereafter. After constructing a dwelling house thereon, he along with his family members has been residing in the subject-plot till date. The Guwahati Municipal Corporation (GMC) after assessment of the house standing on the subject-plot, had issued a holding number for the same. The petitioner is paying the municipal taxes against the said holding number. He has also got electricity connection in his name. By referring to the documents annexed to this writ petition, learned Senior Counsel for the petitioner has submitted that there were attempts in the previous years by others to interfere with the peaceful possession of the petitioner with regard to the subject-plot. A number of civil litigations ensued and all these litigations were decided in favour of the petitioner, he submits. The respondent nos. 6-8 are residents near to the subject-plot. In some of those civil litigations, the respondent no. 6 was also a party.

3. In order to construct one RCC building on a part of the subject-plot to enable the petitioner and his family members to live with more comfort since the earlier dwelling house the condition of which has, in the meantime, got deteriorated, the petitioner had applied for building permission on 25.01.2013 before the respondent Guwahati Metropolitan Development Authority (GMDA). The respondent GMDA after due scrutiny of the application including the proposed building plan, issued a No Objection Certificate dated 09.04.2013 under Section 25 of the Guwahati Metropolitan Development Authority (GMDA) Act, 1985 for construction of a RCC building with the specifications stated therein, on the subject-plot. After issuance of the No Objection Certificate dated 09.04.2013, the respondent nos. 6-8 approached the respondent GMDA by filing three separate complaints individually as well as jointly on 09.10.2013, 03.07.2014 and 12.03.2014 respectively with the request of stop/stay the construction works of the RCC building on the subject-plot the construction of which the petitioner had undertaken in the meantime.

4. It is the case of the petitioner that on the basis of the aforesaid complaints, the respondent authorities in the GMDA had issued the impugned stop construction and show- cause notice dated 11.07.2014 whereby the petitioner had been asked to stop the construction of the RCC building on the subject-plot forthwith and to file a reply to the said show-cause notice within 7 (seven) days from service of the said notice. It had been stated therein that in the event of not furnishing a reply within the stipulated period, the respondent authorities in the GMDA would go ahead for cancellation of the building permission and would resort to actions under the provisions of the GMDA Act, 1985 and building bye-laws for unauthorized deviated construction. On receipt of the said stop construction and show-cause notice, the petitioner had immediately, on 16.07.2014, submitted his reply contending, inter- alia, that the issu