Gauhati High Court
Jyotika Devi vs The Guwahati Metropolitan Development ... on 20 January, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010110692021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4264/2021
JYOTIKA DEVI
W/O- LT. LAKHSMI PRASAD NATH, R/O- FLAT NO. 5A, BLOCK B, GAURAV
APARTMENT, B.R. PATH, BELTOLA TINIALI, GHY, ASSAM, PIN- 781028
VERSUS
THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 9
ORS.
BHANGAGARH, GHY, DIST.- KAMRUP (M) ASSAM, PIN- 781005, REP. BY
RESPONDENT NOS. 2 AND 3
2:THE CHIEF EXECUTION OFFICER GMDA BHANGAGARH GHY DIST.- KAMRUP (M) ASSAM PIN- 781005 3:THE TOWN PLANNER GMDA BHANGAGARH GHY DIST.- KAMRUP (M) ASSAM PIN- 781005 4:THE GAUHATI MUNICIPAL CORPORATION UZAN BAZAR GHY ASSAM PIN- 781001 Page No.# 2/4 REP. BY THE RESPONDENT NO.5 5:THE COMMISSIONER GAUHATI MUNICIPAL CORPORATION PLANNING BRANCH UZAN BAZAR GHY ASSAM PIN- 781001 6:ARUP BHUYAN S/O- LAKHESWAR BHUYAN R/O- LANKESWAR OPP. BRO SEUJI PATH P.S. JALUKBARI P.O. GAUHATI UNIVERSITY GUWAHATI ASSAM PIN- 781014 7:LIPIKA BANERJEE W/O- TUSHAR KANTI BANERJEE R/O- LANKESWAR OPP. BRO SEUJI PATH P.S. JALUKBARI P.O. GAUHATI UNIVERSITY GUWAHATI ASSAM PIN- 781014 8:DIPALI MAHANTA W/O- LT. GOKUL MAHANTA R/O- LANKESWAR OPP. BRO SEUJI PATH P.S. JALUKBARI P.O. GAUHATI UNIVERSITY GUWAHATI ASSAM PIN- 781014 9:JITUMONI MAHANTA S/O- LT. GOKUL MAHANTA R/O- LANKESWAR OPP. BRO SEUJI PATH Page No.# 3/4 P.S. JALUKBARI P.O. GAUHATI UNIVERSITY GUWAHATI ASSAM PIN- 781014 10:RUPJYOTI MAHANTA S/O- LT. GOKUL MAHANTA R/O- LANKESWAR OPP. BRO SEUJI PATH P.S. JALUKBARI P.O. GAUHATI UNIVERSITY GUWAHATI ASSAM PIN- 78101 Advocate for the Petitioner : MR. B D DEKA Advocate for the Respondent : SC, G M D A BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 20.01.2022 Heard Mr. N. Choudhury, learned counsel for the petitioner and Mr. S. Borah, learned Standing Counsel, GMDA for all the official respondent Nos. 1 to 5.
Matter pertains to unauthorized construction made by the respondent Nos. 6 to 10.
Pursuant to the order of the Court, the respondent GMDA has filed its affidavit on 11.01.2022 submitting that on receipt of the complaint from the petitioner on 11.01.2021 and on being found after site verification by the officials of the GMDA, the authorities of the GMDA issued show cause notices to the concerned violators under Section 87 and 88 of the Guwahati Metropolitan Development Authority Act, 1985, more particularly against the respondent No. 6 with regard to the unauthorized construction carried out by him.
In the said affidavit, the respondent GMDA also submitted that appropriate steps as Page No.# 4/4 per law shall be undertaken to demolish the unauthorized structures by it complying the procedural requirement as per GMDA Act, 1985.
This goes to show that the claim of the petitioner pertaining to the unauthorized constructions made by the private respondent Nos. 6 to 10 is pending before the respondent GMDA.
Issue notice, returnable by 28.02.2022.
As Mr. S. Borah, learned Standing Counsel, GMDA has accepted notice on behalf of the respondent Nos. 1 to 5, no formal notice need be issued to those respondents.
The petitioner shall serve requisite extra copies of this petition along with the annexures appended thereto to Mr. S. Borah, learned Standing Counsel, GMDA by tomorrow, i.e., 21.01.2022, obtaining necessary acknowledgment from him in that regard, if not served earlier.
The petitioner shall take steps for service of notice on the respondent Nos. 6 to 10 by registered post with A/D on or before 24.01.2022, providing their proper and correct addresses with requisite postal stamps.
On the returnable date (i.e., 28.02.2022), the respondent GMDA shall apprise the Court about the up-to-date status taken by it pertaining to such unauthorized construction made by the private respondent Nos. 6 to 10 as claimed by the petitioner.
List accordingly.
JUDGE Comparing Assistant