GAHC010266022018 2025:GAU-AS:17400

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/8303/2018

JOGESWAR BORA

S/O- LT TEZA KANTA BORA, R/O- R.R.B.ROAD, SOUTH HOIBORGAON, P.O.

HOIBORGAON, DIST- NAGAON, ASSAM, PIN- 782002

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, URBAN

DEVELOPMENT DEPTT., DISPUR, GHY-6

2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION

GOVT. OF ASSAM

DISPUR

GHY-6

3:THE DIRECTOR OF TOWN AND COUNTRY PLANNING

GOVT. OF ASSAM

DISPUR

GHY-6

4:NAGAON DEVELOPMENT AUTHORITY

REP. BY ITS ADMINISTRATOR

JAKHALABANDHA ROAD

AMOLAPATTY P.O. NAGAON

DIST- NAGAON

ASSAM

PIN- 782001

5:NAGAON MUNICIPAL BOARD

REP. BY ITS CHAIRMAN

P.O. NAGAON

DIST- NAGAON ASSAM PIN- 782001

6:ON THE DEATH OF PRADIP KUMAR BARUAH HIS LEGAL HEIRS

6.1:RASHMIREKHA BORA BARUAH W/O- LATE PRADIP KUMAR BARUAH C/O SRI KAMAL BORA VILL- HUZGAON P.O HOIBORGAON DISTRICT- NAGAON ASSAM PIN 782002.

6.2:KABYA BARUAH BEING MINOR REPRESENTED BY SMTI. RASHMIREKHA BORA BARUAH (MOTHER)

S/O- LATE PRADIP KUMAR BARUAH C/O SRI KAMAL BORA VILL- HUZGAON P.O HOIBORGAON DISTRICT- NAGAON ASSAM PIN 782002 Advocate for the Petitioner : MR. U K DAS, MS. B D SARMAH Advocate for the Respondent : GA, ASSAM, MR. D BORAH (R-6A & R-6B),MR. R DOWARAH,MR. D BORAH,MR. R DOWARAH (R-6A & R-6B),MR. M I HUDA (R4),MR. K M HALOI (R4),MR. R SARKAR (R4),MR. D BORAH (R6),MR. R DOWARAH (R6)

Linked Case : WP(C)/6491/2015 ON THE DEATH OF PRADIP KUMAR BARUAH HIS LEGAL HEIR SMTI.

RASHMIREKHA SAIKIA W/O LATE PRADIP KUMAR BARUAH VILL- SOUTH HOIBARGAON P.O HOIBARGAON P.S NAGAON DIST- NAGAON ASSAM PIN- 782002.

2: KABYA PRADIP BEZBORUAH S/O LATE PRADIP KUMAR BARUAH VILL- SOUTH HOIBARGAON P.O- HOIBARGAON P.S- NAGAON DIST- NAGAON ASSAM PIN- 782002 REPRESENTED BY HIS MOTHER RASHMIREKHA SAIKIA.

VERSUS THE STATE OF ASSAM AND 9 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6.DIST. KAMRUP M ASSAM.

2:COMMISSIONER AND SECRETARY URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-06.

3:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM TOWN AND COUNTRY PLANNING P and D DEPARTMENT DISPUR GUWAHATI-06.

4:THE DIRECTOR TOWN AND COUNTRY PLANNING DISPUR GUWAHATI-06.

5:THE DIRECTOR MUNICIPAL ADMINISTRATION DISPUR GUWAHATI-06.

6:THE CHAIRMAN NAGAON DEVELOPMENT AUTHORITY NAGAON P.O. and DIST. NAGAON PIN - 782001.

7:THE CHAIRMAN NAGAON MUNICIPAL BOARD NAGAON P.O. and DIST. NAGAON PIN - 782001.

8:THE DEPUTY COMMISSIONER REVENUE NAGAON P.O. and DIST. NAGAON ASSAM PIN - 782001.

9:THE CIRCLE OFFICER NAGAON SADAR REVENUE CIRCLE NAGAON P.O. and DIST. NAGAON PIN - 782002.

10:SRI JOGESWAR BORAH S/O LT. TEZA BORA R.R.B. RAOD SOUTH HOIBORGAON P.O. NAGAON P.S. NAGAON SADAR DIST.NAGAON PIN - 782002 ASSAM. ------------

Advocate for : MR. D BORAH Advocate for : GA ASSAM (R1-R5 R9) appearing for THE STATE OF ASSAM AND 9 ORS BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

11/12/2025 Heard Mr. U K Das, learned counsel for the petitioner in WP(C) No. 8303/2018 and Mr.

D Borah, learned counsel for the petitioner in WP(C) No. 6491/2015. Also heard Mr. B J Talukdar, learned Senior counsel appearing for the State respondents and Mr. K M Haloi, learned counsel appearing for the Nagaon Development Authority, i.e., the respondent No. 4. 2. The issues arising in the above noted writ petitions, being interconnected, with the consent of the parties, the present writ petitions were taken up for final hearing and are being disposed of by this order.

3. Pradip Kumar Baruah (original petitioner in WP(C) No. 6491/2015) had instituted the said writ petition, inter-alia, alleging, therein, that the respondent No. 10, Jogeswar Bora, had constructed his house in violation of the approved design and permission granted by the Nagaon Development Authority. It was further alleged in the said writ petition that Jogeswar Bora had encroached upon Government land, which had caused obstruction to the ingress and egress for the family members of the petitioner to their land. The representation made by Pradip Kumar Baruah not