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2026 Supreme(Online)(Gau) 12212
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Kaushik Goswami, J
HASMAT ALI AND ANR – Appellant
Versus
THE STATE OF ASSAM AND ORS – Respondent
I.A.(Civil)/1352/2026 | WP(C) No. 4295/2025
For the Appellants/Petitioners: J Ahmed, P A Ahmed
For the Respondents: GA, Assam, SC, Revenue, SC, GMC
A planning authority is considered a necessary party to a legal proceeding when its presence is essential for the effective adjudication of disputes involving land usage, master planning, and developmental clearances.
Headnote:The matter involves an application for impleadment in a writ petition concerning the legality of land usage for an ‘Integrated Project of Municipal Solid Waste Management’. The applicants contend that the land in question falls within the metropolitan area and that a No Objection Certificate was previously obtained from the planning authority, which subsequently handed over the land to the municipal corporation. The court found that the presence of the planning authority is essential for the effective adjudication of the dispute. The primary issue is whether the planning and developmental authority is a necessary and proper party to the proceedings. The court reasoned that since the authority is the primary planning body for the city and its regulatory oversight governs land use changes and master planning, its presence is "imperative" and "essential for effective adjudication of the matter." The interlocutory application is accordingly disposed of.
| Table of Content |
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| 1. application for impleadment of a planning authority based on land usage and regulatory oversight. (Para 1 , 2 , 3) |
| 2. allowing impleadment of a necessary party to ensure effective adjudication of the dispute. (Para 4 , 5 , 6 , 7) |
ORDER
Heard Mr. J. Ahmed, learned counsel appearing for the applicant.
Also heard Ms. M. Barman, learned Government Advocate, appearing for the respondent Nos. 2 and 3.
2. By way of this application, the applicants are seeking impleadment of the Guwahati Metropolitan Development Authority (GMDA) as proposed respondent No. 6 in the connected WP(C) No. 4295/2025.
3. It is the specific case of the applicants that the land in question falls within the Guwahati Metropolitan Area, and No Objection Certificate (NOC) was previously obtained from the GMDA for the transfer/sale of the said land. The relevant paragraphs of the application read as under: -
2. THAT the Applicants state that the land in question falls within the Guwahati Metropolitan Area, and as per Paragraph 5 of the Writ Petition, a No Objection Certificate (NOC) was previously obtained from the Guwahati Metropolitan Development Authority (GMDA) for the transfer/sale of the said land.
3. THAT the Respondent No. 4 (GMC) is currently executing an ‘Integrated Project of Municipal Solid Waste Management’ on the said land. Since the GMDA is the primary planning and developmental authority for the city of Guwahati, any permanent construction, land use change, or "Buffer Zone" creation as alleged in the Writ Petition falls under the regulatory oversight and master planning of the GMDA.
4. THAT the GMDA handed over the Applicant's land to GUWAHATI MUNICIPAL CORPORATION (GMC), represented by the Commissioner GMC, GMDA Building, Bhangagarh, Guwahati- 781005, Kamrup (Metro), Assam for "Integrated Project of Municipal Solid Waste Management". The Applicants/Petitioners have realized that for a final and effective adjudication of the dispute regarding land usage and the legality of the project site, the presence of the GMDA is indispensable. The GMDA is a necessary and proper party to these proceedings to clarify the status of the land and the permissions granted for the said project.
5. THAT if the GMDA is not impleaded, the Hon'ble Court may not be able to effectively determine whether the project adheres to the Master Plan of Guwahati and whether the conversion of the petitioners' private land into a waste processing site has the requisite developmental clearances.
6. THAT the proposed Respondent to be impleaded is:
6) THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA), Represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam.
4. Reading the above, it is imperative that for effective adjudication of the writ in hand, the presence of the GMDA is essential for effective adjudication of the matter.
5. That being so, this court in the interest of justice, deems appropriate to allow the impleading application. As such, the Guwahati Metropolitan Development Authority (GMDA), represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam, is impleaded as respondent No. 6 in W.P(C) No. 4295/2025.
6. Let an amended cause title be submitted before the Registry of this Court.
7. The interlocutory application is accordingly disposed of.
