Guwahati Metropolitan ... vs Sri Dilip Kumar Dutta And 4 Ors
2022 Latest Caselaw 4547 Gua

                                                                      Page No.# 1/3

GAHC010079632019




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

                                  Case No. : WA/304/2021

            GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
            REP. BY THE SECRETARY, HAVING ITS OFFICE AT BHANGAGARH,
            GUWAHATI- 781005.



            VERSUS

            SRI DILIP KUMAR DUTTA AND 4 ORS
            S/O- LATE MANORANJAN DUTTA, SATIJOYMOTI ROAD, CHABIPUL,
            GUWAHATI- 781008, P.S. PALTAN BAZAR, KAMRUP(M), ASSAM.

            2:THE STATE OF ASSAM
             REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF REVENUE
             DISPUR
             GUWAHATI- 781006.

            3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
             GUWAHATI DEVELOPMENT DEPARTMENT.

            4:THE DEPUTY COMMISSIONER
             KAMRUP (METRO)

             GUWAHATI- 781001.

            5:THE GUWAHATI MUNICIPAL CORPORATION

             REP. BY THE COMMISSIONER
             PANBAZAR
             GUWAHATI- 781001

Advocate for the Petitioner   : MS M HAZARIKA
                                                                              Page No.# 2/3

Advocate for the Respondent : MR. S P CHOUDHURY




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

17.11.2022 (R.M. Chhaya, CJ.)

Heard Mr. S.P. Choudhury, learned counsel for the appellant. Also heard Mr. A. Sarma, learned counsel for the respondent No.1 and Mr. D. Nath, learned senior Government Advocate, Assam for the respondent Nos. 2,3 and 4.

Feeling aggrieved and dissatisfied with the judgment and order dated 14.02.2019 passed by the learned Single Judge in WP(C) No. 5408/2015, the appellant authority has preferred this appeal.

Suffice it to note that it was the case of the original petitioners that in the year 1960 Guwahati Municipal Corporation allotted holding number to the two-storied wooden building constructed by one Manoranjan Dutta which became the subject matter of a decree dated 21.12.1999 passed by the competent Civil Court in T.S. No. 362/1995. The facts reveal that ultimately the wooden house came to be demolished which came to be challenged by the original petitioners before this Court by way of filing a writ petition which came to be allowed by the learned Single Judge, wherein it was declared that eviction of the petitioners was clearly illegal. The direction issued by the learned Single Judge was as under:

"That being the position, eviction of the petitioners is clearly illegal and is declared as such. Accordingly, the following directions are issued: -

1) Deputy Commissioner, Kamrup (M) and GMDA shall put the two petitioners back in possession over the decreetal land;

2) Assessment shall be made by the assessor of district administration as well as of GMDA about the loss suffered by the petitioners in the demolition exercise which should thereafter be quantified;

Page No.# 3/3

3) The quantified amount shall thereafter be either paid by both Deputy Commissioner, Kamrup (M) and GMDA to the petitioners or reconstruct the house of the petitioners as it stood on the date of demolition with the assessed amount;

4) Both Deputy Commissioner, Kamrup (M) and GMDA shall pay cost of Rs.50,000.00 each for violating the civil court's order and for trying to mislead the court by making incorrect statement in affidavit. The above two amounts shall be deposited by the two authorities in the Registry of this Court within a period of two months from the date of receipt of a certified copy of this order which shall thereafter be paid to the two petitioners on proper identification."

Today during the course of hearing, Mr. S.P. Choudhury, learned counsel for the appellants has placed on record a Site Verification Report and the amount quantified for the house which was demolished. The same is taken on record.

As per the Site Verification Report, the estimated value of the house comes to Rs. 1,00,000/- (Rupees One Lakh only).

Mr. S.P. Choudhury, learned counsel for the appellant has also submitted that as per the Direction No.4 issued by the learned Single Judge, the Deputy Commissioner, Kamrup (M) and GMDA shall deposit cost of Rs. 50,000/- in the Registry today. Mr. Choudhury further submitted that the amount of Rs. 1,00,000/- quantified as per the Site Verification Report shall be paid to the original petitioners within a reasonable time which, in our opinion, should be on or before 31.01.2023. Similarly, the Direction No.1 for putting the original petitioners back in possession over the decreetal land shall be complied with by the Deputy Commissioner, Kamrup (M) and GMDA before 31.03.2023.

With the aforesaid observations, the writ appeal stands disposed of.

                      JUDGE                    CHIEF JUSTICE



Comparing Assistant