GAHC010111272025 2025:GAU-AS:13718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4081/2023 SMTI ANITA DAS W/O SRI KULDIP DAS R/O HOUSE NO. 21 NEBEN BORA PATH NEAR MANASHA MANDIR P.O. AND P.S.- GARCHUK GUWAHATI PIN-781035 ASSAM VERSUS THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 3 ORS REPRESENTED BY THE CHIEF EXECUTIVE OFFICER STATEFED BUILDING GMC HOSPITAL ROAD BHANGAGARH GUWAHATI-781005

2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATEFED BUILDING GMC HOSPITAL ROAD BHANGAGARH GUWAHATI-781005 3:THE CHAIRMAN GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY THIRD FLOOR STATEFED BUILDING GMC HOSPITAL ROAD BHANGAGARH GUWAHATI-781005

4:THE DISTRICT COMMISSIONER KAMRUP (M)

LICHUBAGAN HENGRABARI GUWAHATI-781036

5:THE GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY THE COMMISSIONER GUWAHATI MUNICIPALCORPORATION GUWAHATI-781001.

6:THE ASSOCIATE PLANNER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-781001.

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Advocate for : MR. K N CHOUDHURY Advocate for : SC G M D A appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 3 ORS BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR Advocate for the petitioner(s) : Mr D J Das Advocate for the respondent(s): Mr P Nayak, Addl. A G.

Date of Judgment : 14.10.2025

JUDGMENT AND ORDER (ORAL)

(Rajesh Mazumdar, J.)

1. Heard Mr D J Das, learned counsel appearing for the petitioners. Also heard Mr. P Nayak, learned Additional Advocate General appearing for the respondents. The pleadings in this case have been completed with the respondents having filed their affidavit in opposition and the petitioner having filed his reply. With the consent of the parties, although the matter has been listed under Order (Stay Vacating), the entire matter has been taken up for disposal at this stage.

2. The case projected by the writ petitioner is that the petitioner had purchased a plot of land measuring 17 lechas under dag no. 670 (old)/(810) (New) situated at Village- Fatasil under Beltola Mouza in the district of Kamrup (Metro), from one Sri Prabhat Boro, resident of Kotabari, Gorchuk, Guwahati by way of an agreement on a stamp paper. The petitioner, while buying the aforesaid plot of land did not know that the said plot of land is a patta land and that another Dipak Baruah is the original owner of the said plot of land. The petitioner further stated that due to an urgency on the part of the petitioner and due to absence of residential premises, the petitioner, along with her husband, had constructed an RCC Ground + 2 floor building on the aforesaid lot of land in the year 2017. After completion of the construction the petitioner applied for obtaining the “Holding number” and also for assessment for the purposes of taxes etc. in the office of the Guwahati Municipal Corporation, Guwahati. Pursuant to such assessment, the Guwahati Municipal Corporation allotted holding number 12072830 and Assessment ID no. 06-80-12072830 against the building standing on the said plot of land.

3. It is the further case of the petitioner that she was served with a show-case notice dated 12th of June 2023, issued under the provisions of Sections 87 and 88 of the Guwahati Metropolitan Development Authority Act, 1985. The notice was issued under the hand and seal of the Chief Executive Officer, Guwahati Metropolitan Development Authority, wherein it was alleged that the petitioner had constructed the RCC ground plus two floor building and RCC toilet block over the said plot of land without any valid permission from the competent authority. The petitioner had submitted her reply to the show cause notice on 03.07.2023, where she had explained the entire circumstances under which she acquired the same plot of land. The Chief Executive Officer, GMDA, thereafter, issued the impugned order dated 13th of July 2023, upon the petitioner, directing the petitioner to demolish the RCC ground plus two floors building and the RCC toilet constructed at House No. GMC/21, Nab