GAHC010158062023

2026:GAU-AS:6534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4091/2023 DILIP KUMAR THAKURIA S/O LATE NARESH CHANDRA THAKURIA, OWNER OF THAKURIA AUTO WHEELS, R/O VILL- KHANAMUKH, P.O.-DHARAPUR, P.S.-AZARA, UNDER AZARA GAON PANCHAYAT, GUWAHATI-781017, DIST- KAMRUP (METRO), ASSAM VERSUS THE GUWAHATI MUNICIPAL DEVELOPMENT AUTHORITY AND 7 ORS REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, STATFED BUILDING, BHANGAGARH, GUWAHATI-781005 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATFED BUILDING BHANGAGARH GUWAHATI-781005

3:THE TOWN PLANNER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005

4:THE OFFICER INCHARGE JALUKBARI POLICE STATION KAMRUP (METRO)

GUWAHATI

5:SMTI TUTU DAS W/O SRI MADAN DAS TENANT OF SRI GOBINDA THAPA R/O VILL- KHANAMUKH UNDER DHARAPUR GAON PANCHAYAT DHARAPUR P.O.-DHARAPUR P.S.-AZARA DIST- KAMRUP (M)

ASSAM PIN-781017

6:BALENDRA THAKURIA S/O LATE BAGSHI THAKURIA R/O VILL- KHANAMUKH UNDER DHARAPUR GAON PANCHAYAT DHARAPUR P.O.-DHARAPUR P.S.-AZARA DIST- KAMRUP (M)

ASSAM PIN-781017

7:JATINDRA NATH DAS S/O LATE KANTI DAS R/O VILL- KHANAMUKH UNDER DHARAPUR GAON PANCHAYAT DHARAPUR P.O.-DHARAPUR P.S.-AZARA DIST- KAMRUP (M)

ASSAM PIN-781017

8:GOBINDA THAPA S/O LILA DEVI R/O VILL- KHANAMUKH UNDER DHARAPUR GAON PANCHAYAT DHARAPUR P.O.-DHARAPUR P.S.-AZARA DIST- KAMRUP (M)

ASSAM PIN-78101 Advocate for the Petitioner : MR. R SARMA, MS. S D SAIKIA,MRS. G M D BAISHYA Advocate for the Respondent : SC, G M D A, MR. K KALITA(R-5),MR. C. SHIL (R-5),P BURAGOHAIN(R-5),MR S C DAS(R-5),GA, ASSAM :::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : 07.05.2026 Date of pronouncement of judgment : 12.05.2026 Whether the pronouncement is of the operative of the judgment? : No Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (CAV)

Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. P.

Nayak, learned Additional Advocate General and Mr. H. K. Hazarika, learned Government Advocate, for the State respondents and Ms. D. R. Bonghsiary, learned counsel appearing on behalf of Mr. S. C. Das, learned counsel for the respondent No. 5.

2. By filing this writ petition, the petitioner has put to challenge the order dated 11.07.2023, passed by the Chief Executive Officer, Guwahati Metropolitan Development Authority, Guwahati, whereby the petitioner has been directed to demolish the unauthorized construction of building in violation of Guwahati Metropolitan Development Authority Act, 1985 (for short, “the GMDA Act, 1985”), Zoning Regulations and Building Byelaws made therein within 10 (ten) days of the receipt of the order, failing which the authority would proceed with the demolition of the unauthorized portion of the building without any further intimation and recover the expenses incurred thereof from the petitioner.

3. The case of the petitioner, in brief, is that he had purchased land and property standing thereon in his name and in the name of his wife by way of registered sale deeds executed in the years 2016 and 2023 from one Smti. Satyebati Kakati. The said land is situated at Dharapur Revenue Village under Ramcharani Mouza, within the jurisdiction of 32 No. Dharapur Gaon Panchayat at Khanamukh, measuring 2 Kathas covered by Dag No. 857 and Patta No. 524. One RCC building of G+4 floors has been constructed on the said land. Subsequently, mutation was granted in favour of the petitioner and his wife after following due procedure of law and corresponding entries were also reflected in the Integrated Land Records Management System (Dharitree).

4. It is the case of the petitioner that in the year 2006, the original owner, namely, Smti Satyebati Kakati, had applied before the 32 No. Dharapur Gaon Panchayat seeking permission for construction of RCC building (G+4) along with boundary wall over the said land. Pursuant thereto, a No Objection Certificate dated 30.11.2006 was issued by the