ORDER

Date : 15-07-2019 Heard Mr K N Choudhury, learned Senior Counsel, assisted by Mr N Bharali, learned counsel for the petitioners. Also heard Ms M Hazarika, learned Senior Counsel, assisted by Ms K Hazel, learned counsel for the GMDA, respondent No. 4 and Ms M Bhattacharjee, learned Government Advocate, Assam for respondent Nos. 1, 2 and 3.

2. 9 petitioners have joined together and have instituted the present common proceeding under Article

226 of the Constitution of India, seeking the following reliefs:-

1) For adjudging and declaring Schedule-1 of the Guwahati Waterbodies (Preservation and Conservation) Act, 2008, to the extent of land belonging to the petitioners as unconstitutional and ultra vires.

2) To set aside and quash letter dated 17.08.2013 issued on behalf of Chief Executive Officer, GMDA, rejecting application of the petitioners for building permission on the land in question.

3. Since vires of Schedule-1of the Guwahati Waterbodies (Preservation and Conservation) Act, 2008 (for short, ‘the 2008 Act’, hereinafter) was put to challenge, the case was initially taken up by a Division Bench of this Court. On 11.03.2016, Division Bench admitted the petition for final hearing.