ORDER

Date : 27.05.2022 Heard Mr. G. J. Saikia, learned counsel for the petitioner. Also heard Mr. B. Deori, learned counsel for the respondent nos. 4 & 5, Ms. P. M. Mahanta, learned counsel for the respondent nos. 1, 2 & 3 and Mr. P. K. Goswami, learned counsel for the respondent no.6.

2) This writ petition has been filed by the petitioner on the apprehension that the respondent no. 1 having issued notice dated 03.02.2020 to the petitioner whereby he was asked to demolish the obstruction namely an RCC wall which was constructed by the petitioner so as to allow free flow of water, may now proceed to demolish the said RCC Boundary wall constructed by the petitioner on his land. The petitioner was asked to take steps within seven days.

3) Subsequently another notice dated 05.09.2020 was issued to the Circle Officer, Dispur Revenue Circle by the D. C. Kamrup Metropolitan whereby the Circle Officer was requested to cause an enquiry into the matter and take immediate necessary action regarding removal of the obstruction and submit the report at an early date on the action taken.

4) The Circle Officer, Dispur Revenue Circle in its communication dated 29.10.2020 to the Additional Deputy Commissioner & CEO District Disaster Management Authority had requested for taking up the matter with GMC regarding removal of the obstruction under “Disaster Management Act 2005”, Section 30 Sub Section 2 (xxiii) for demolition of RCC wall constructed by the petitioner.

5) According to the petitioner he had constructed this house on land belonging to him after due permission obtained from Guwahati Municipal Corporation (GMC) and Guwahati Metropolitan Development Authority (GMDA). Referring to the permission issued by GMDA (Annexure -6, page 35) and the NOC granted by the GMC (annexure -7, page 36), the learned counsel for the petitioner submits that the construction of his residential house is absolutely within terms of permission and NOCs granted by authorities concerned and there was no restraint by the authorities in those permission and NOCs granted by the authorities concerned.

6) The learned counsel for the petitioner also referring to the report of the Lat Mondal and Revenue Kanango submits that the land bearing Dag No. 660 covered by K. P. Patta No. 581 of village Sarumotoria under Mouza Beltola stands jointly in the name of 15 pattadars and petitioner is one of pattadars and the petitioner is in possession of the land. According to the said report there was no drain shown over the said Dag No. 660 (Annexure 15, Page-68).

7) The learned counsel for the petitioner submits that the notices issued by GMC and GMDA were never served upon him and he came to know about the same upon an FIR being lodged by respondent no. 6 along with other persons wherein references to the GMC and GMDA notices were made. Also pursuant thereto the petitioner obtained the copies of the notices and he apprehends that coercive steps may be taken by the authorities concerned who approached this Court, assailing the disaster Management notices dated 03.02.2020, 05.09.2020 & 29.10.2020 praying for appropriate reliefs.

8) It is further submitted by the petitioner that on similar issues a Title Suit was filed by the private respondents being Title Suit no. 409/2017 which was dismissed on 04.02.2020 by the Civil Judge No. 3 Kamrup (M), Guwahati.

9) The learned counsel for the petitioner submits that the notices issued by the Disaster Management are completely without authority and at the behest of the private parties who have vested interest.

10) The respondent no. 5 namely, the Officer In-charge, Dispur Police Station has also filed their affidavit stating that pursuant to the FIR lodged by Akan Ch. Mahato and 14 others, it was registered as Dispur P. S. Case no. 77/2021. Necessary steps in respect of the investigation by the Police have been taken communication seeking information from the Circle Office, Dispur Revenue Circle have been issued. However, no reply to those communication