Gauhati High Court
Kalyan Bhattacharjee vs The Gauhati Municipal ... on 16 September, 2021
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GAHC010051182021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./47/2021
KALYAN BHATTACHARJEE
S/O- LATE SUMUMAR BHATTACHARJEE, R/O- MALIGAON, GATE NO. 3,
P.O. MALIGAON, DIST.- KAMRUP(M), ASSAM.
VERSUS
THE GAUHATI MUNICIPAL CORPORATION AND 4 ORS.
REP. BY THE COMMISSIONER, PANBAZAR, GUWAHATI, ASSAM- 781001.
2:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
REP. BY ITS EXECUTIVE OFFICER
3RD FLOOR
STATFED BUILDING
G.M.C. ROAD
BHANGAGARH
GUWAHATI
ASSAM- 781005.
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF REVENUE
DISPUR
GUWAHATI- 781006.
4:DEPUTY COMMISSIONER
KAMRUP(M)
PANBAZAR
GUWAHATI- 781001.
5:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
DIST.- KAMRUP METRO
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PANBAZAR
GUWAHATI
Advocate for the Petitioner : MR G UZIR
Advocate for the Respondent : SC, GMC
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 16.9.2021
Heard Mr. G. Uzir, learned Senior counsel assisted by Ms. B. Talukdar,
learned counsel for the petitioner. Mr. S. Bora, learned Standing Counsel for
GMC and GMDA is present. Also present Mr. P. S. Deka, learned Standing
Counsel for respondent No. 2 and Ms. M. Barman, learned State Counsel for
respondent Nos. 4 and 5 .
The petitioner has filed WP(C) 2475/2020 which was taken up for disposal
and accordingly order dated 12.2.2021 was passed. While disposing of the
said writ petition this court made the following observation :
" .....in view of the said stand respondent commissioner GMC, Mr. Uzir sought liberty from this
court to demolish the septic tank by the petitioner on his own . If the title or any other rights
in respect of the land upon which the said septic is situated belongs to the petitioner, there
is no bar in carrying out the demolition by the petitioner himself .Whether there is dispute in
respect of title or any other rights over the said land, the petitioner is the best person to
assess."
The said observation was intended that if the petitioner found himself that
there was no dispute in title or any other rights over the said land, in respect of
septic tank the petitioner is the actual person to assess. This review petition is
filed for modification of the observation made thereby putting the burden on the
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petitioner himself to assess the ground reality . I have perused the contents
made in the writ petitioner wherefrom it is found that the said septic tank was
constructed by some other person over the land of the petitioner which was
settled vide judgment and order passed by the Civil Court in T.S. No. 62/1987.
After disposal of the suit, the land revenue officials as per the direction in the
order passed in WP(C) No. 2869/2018, demarcated the plot of land which was
the subject matter in T. S. No. 62/1987 on 13.6.2019. The cause of action of
present writ petition is the standing structure constructed by one Dilip Kumar
Das which required to be demolished by the GMC inasmuch the said
constructions were carried out on the basis of permission given by the GMC. In
view of the same as the writ petitioner has named one Dilip Kumar Das who
purportedly erected the structure including the septic tank, it would be proper
before disposing of the writ petition to implead the said person Dilip Kumar Das
in the writ petition as one of the respondents. Accordingly keeping in view the
contention of the learned Senior Counsel for the petitioner order dated
12.2.2021 is hereby recalled and WP(C) 2475/2020 which is restored back to
file . Accordingly this review petition stands disposed of.
JUDGE
Comparing Assistant
