Page No.# 1/3 vs The State Of Assam And 7 Ors
2023 Latest Caselaw 885 Gua

                                                                  Page No.# 1/3

GAHC010046082023




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

                          Case No. : WP(C)/1212/2023

         M/S DAYAL CONSTRUCTIONS AND ANR
         HAVING OFFICE AT M/S DAYAL ENTERPRISES A T ROAD MAKUM ROAD
         NEAR TOKRIGOLA P.O. P.S AND DIST. TINSUKIA ASSAM PIN 786125 REP
         .BY THE PETITIONER NO. 2 SRI RAVI CHOUDHURY

         2: RAVI CHOUDHURY
          S/O RAJENDRA PRASAD CHOUDHURY R/O CHALIHA NAGAR NEAR TDA
         OFFICE P.O P.S AND DIST. TINSUKIA ASSAM PIN 78612

         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REP. BY THE SEC. TO THE GOVT. OF ASSAM TOWN AND COUNTRY
         PLANNING DEPTT. DISPUR GUWAHATI ASSAM 781006

         2:THE TINSUKIA MUNICIPAL BOARD
          GNB ROAD TINSUKIA ASSAM 786125

         3:THE CHAIRMAN
         TINSUKIA MUNICIPAL BOARD GNB ROAD TINSUKIA ASSAM 786125

         4:THE EXECUTIVE OFFICER
         TINSUKIA MUNICIPAL BOARD GNB ROAD TINSUKIA ASSAM 786125

         5:THE TOWN PLANNER
         TINSUKIA MUNICIPAL BOARD GNB ROAD TINSUKIA ASSAM 786125

         6:THE DEPUTY COMMISSIONER
          DIST. TINSUKIA ASSAM 786125

         7:RANJU AGARWAL
         W/O RAM PRAKASH AGARWAL (JINDAL) R/O CHIRWAPATTY ROAD NEAR
         DEVI MANDIR P.O P.S AND DIST. TINSUKIA ASSAM 786125
                                                                             Page No.# 2/3

            8:RAM PRAKASH AGARWAL (JINDAL)
             S/O LT. HANUMAN PRASAD AGARWAL (JINDAL) R/O CHIRWAPATTY
            ROAD NEAR DEVI MANDIR P.O P.S AND DIST. TINSUKIA ASSAM 78612

Advocate for the Petitioner   : MR. B D KONWAR SR. ADV.

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

03-03-2023 Heard Shri B. D. Konwar, learned Senior Counsel assisted by Shri H. Agarwal, learned counsel for the petitioners.

The petitioners were aggrieved with a communication dated 06.02.2023 issued by the Tinsukia Municipal Board whereby the petitioners have been directed to demolish the excess height of the building in question failing which suitable action would be taken. It is the pleaded case of the petitioners that in terms of an earlier direction passed by this Court in WA No. 188/2018 vide judgment dated 22.04.2018, such demolition has already been carried out.

The aforesaid writ appeal was filed against an order dated 22.05.2018 passed by this Court in WP(C) No. 418/2018. It is the specific case of the petitioner that pursuant to the directions of this Court, the offending part of the building in question has been demolished. However, on the same cause of action, the private respondents have filed another writ petition being WP(C) No. 392/2023 in which this Court has passed certain orders leading to passing of the impugned order dated 06.02.2023.

Issue notice, returnable by 4 (four) weeks.

Shri B. Deori, learned State Counsel accepts notice on behalf of respondent Nos. 1, 2, 4, 5 and 6.

Extra copies be served upon him within a week.

Steps for service of notice upon the respondent Nos. 3, 7 and 8 be taken by Page No.# 3/3

registered post with A/D within a week.

Heard the learned counsel for the interim prayer. It appears that the allegation of violation of the building by laws had culminated by the action of demolishing the offending portion in terms of the earlier direction of this Court and therefore this Court is of the opinion that the impugned order is required to be stayed till the returnable date.

Accordingly, till the returnable date, the operation of the impugned order dated 06.02.2023 shall remain stayed.

List alongwith WP(C) No. 392/2023.

JUDGE

Comparing Assistant