GAHC010246612025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6319/2025

DEEPAK KUMAR JALAN

S/O SANWARMAL JALAN, R/O BANKONWAR TILLA, KHARGHULI,

GUWAHATI, KAMRUP (M), ASSAM-781004

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT (GDD), JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR,

GUWAHATI-781006

2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA)

TO BE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

OFFICE OF THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

(GMDA)

3RD FLOOR

STATFED BUILDING

GMCH ROAD

BHANGAGARH

GUWAHATI-781005 3:THE CHAIRMAN

GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

STATFED BUILDING

GMCH ROAD

BHANGAGARH

GUWAHATI-781005

4:THE CHIEF EXECUTIVE OFFICER

GUWWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATFED BUILDING GMCH ROAD BHANGAGARH GUWAHATI-781005

5:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE O/O THE CIRCLE OFFICER ULUBARI GUWAHATI KAMRUP (M)-781007 6:RIMZIM MAHANTA R/O HOUSE NO. 17 BANKONWAR-TILLA KHARGULI GUWAHATI-78100 For the Petitioner(s) : Mr. G. N. Sahewalla, Advocate : Ms. S. Todi, Advocate For the Respondent(s) : Mr. P. Nayak, Addl. AG, Assam : Ms. U. Das, Addl. Sr. GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

Date : 07.11.2025 Issue notice making it returnable on 27.11.2025.

2. Mr. P. Nayak, the learned Additional Advocate General who is also the Standing counsel of the GDD and GMDA accepts notice on behalf of the Respondent Nos. 1 to 4 and Ms. U. Das, the learned Additional Senior Government Advocate accepts notice on behalf of the Respondent No.5.

3. As the Respondent Nos. 1 to 5 are duly represented, extra copies of the writ petition be served upon them during the course of the day.

4. As regards the Respondent No.6, the Petitioner is directed to take steps by way of Speed Post during the course of the day.

5. In addition to that, the Petitioner is given the liberty to take steps upon the Respondent No.6 by way of dasti routed through the Registry of this Court and file an affidavit of service on or before the next date.

6. The Petitioner herein is aggrieved by the Minutes of the Meeting dated 11.07.2025; Orders dated 26.08.2025 as well as the subsequent order passed on 27.10.2025 issued by the Chief Executive Officer, Guwahati Metropolitan Development Authority whereby directions have been given for demolition of the following:

(i) Entire first, second and third floor over the basement +

ground floor;

(ii) Cantilever projection in first floor of 0.36 meter in North setback; and (iii) Zero setback in the North side. (Setback to be maintained 7.40 meters & 13.10 meters), premises – Bankonwar tilla, Kharguli, Guwahati.

7. The case of the Petitioner herein is that the Petitioner had purchased a conjoint plot of land by three different Deeds of Sale admeasuring 4 Kathas 17 Lechas in various Dags and Patta numbers. Thereupon, the Petitioner applied for permission from the GMDA Authorities on 23.11.2007 seeking permission for construction of a residential building. The permission was accorded on 29.04.2008 for ground floor and basement and further mentioning therein the setbacks on the four different boundaries. The Petitioner thereupon submitted another application on 16.03.2009, thereby seeking further permission for construction of one floor below the basement and one floor above the ground floor.

8. It is the case of the Petitioner that the said permission though applied for and payment duly made, the Respondent GMDA Authorities thereafter never intimated the Petitioner about any rejection of the said application. Under such circumstances, in terms with Section 25(4) of the Guwahati Metropolitan Development Authority Act, 1985 (for short ‘the Act of 1985’), it is the case of the Petitioner that the Petitioner had a deemed permission to construct one floor below the basement and one floor above the ground floor. The Petitioner thereupon duly made such construc