GAHC010057712023

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1472/2023

RANJIT KUMAR BOSE

S/O LT. MIHIR KUMAR BOSE, R/O RAILWAY QUARTER NO. 227/A,

NAMBARI, MALIGAON, GUWAHATI-781011

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY ITS COMMISSIONER, GUWAHATI MUNICIPAL

CORPORATION, PANBAZAR, GUWAHATI-1

2:CHIARMAN

GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

BHANGAGARH

GUWAHATI-5 3:SECRETARY

MUNICIPAL ADMINISTRATION DEPARTMENT

DISPUR-6

4:CHIEF EXECUTIVE OFFICER

GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

GUWAHATI

BHANGAGARH

GUWAHATI-5

5:AR. SIDDHARTHA DEV

REGISTERED TECHNICAL PERSONNEL RTP UNDER MUKHYA MANTRIR

SOHOJ GRIHA NIRMAN ACHONI

R/O SHINE HEAVEN

BAGHARBORI

SATGOAN

PANJABARI

GUWAHATI-3 Advocate for the Petitioner : MR. M K DAS, B. CHETRY,MS J SAIKIA,MS D DAS Advocate for the Respondent : SC, GMC, SC, G M D A BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

17.10.2025 Date :

Heard Mr. M. K. Das, learned counsel for the petitioner. Also heard Mr. P.

Nayak, Additional Advocate General, appearing for the GMDA.

2. The present petition has been filed by the petitioner under Article 226 of the of the Constitution of India being aggrieved by the order dated 24.02.2023 passed by the Chief Executive Officer, Guwahati, Metropolitan Development Authority, Bhangaghar Guwahati, stating that the applicant had constructed the building of Gr+1 floor in violation of the permission and norms laid down by the authority.

3. It is the case of the petitioner that the notices which preceded such order did not satisfy the requirements of a proper notice under law and therefore, the entire proceedings from the stage of issuance of the notice and all consequential action thereafter requires to be set at naught by this Court.

4. Learned counsel for the petitioner submits that the petitioner had been issued a No Objection Certificate for construction of a RCC type residential premise on a piece of land covered by Dag No.731, Patta No. 485, Ward No. 1 of village Madhya Jalukbari under Jalukbari Mouza. The parameters of the construction as reflected in the No Objection Certificate, issued on 04.11.2021 was in accordance with the Guwahati Building Construction (Regulation ( Amendment) Bye-Laws, 2020.

5. On the very same day, the Guwahati Metropolitan Development Authority had also issued a planning permit to the petitioner with the details given in the said permit itself. After the petitioner had constructed the building and has been residing therein, the Guwahati Metropolitan Authority had issued a notice on 13.09.20222 to the petitioner herein, alleging that the building of the petitioner had been constructed in violation of the provisions of Section 24 & 25 of the GMDA Act, 1985 and Building By Laws.

6. The notice reflected that the petitioner was required to stop the unauthorized construction forthwith, and there were directions to show cause as to why the concerned authorities of the GMDA, should not demolish the irregular or unauthorized portion of construction of the said RCC building.

7. The learned counsel for the petitioner has submitted that it would apparent from the notice dated 13.09.2022, that no details of the alleged violation of the norms or permission has been specified and therefore, the petitioner was put to a disadvantage, inasmuch as, he could not file any specific reply to the notice dated 13.09.2022. Even then, the petitioner had filed a reply to the effect that the petitioner had donated a part of his land to widen the approach road to the locality and therefore, he had kept 4 feet as side and rear set back instead of 6 feet, as he had to give 3 feet for road widening to the society. By another communication dated 13.10.2022, the petitioner had submitted certificates issued by the Krishnasura Path Nibashi Unnayan Samiti, which recorded its appreciation for donation of 3 feet of land by the petitioner for the widening of the by-lane, namely Krishnasura Path, like all other land owners, for great