Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 3 Ors on 18 May, 2023
Page No.# 1/6
GAHC010020222020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/21/2020
SUBRATA MAZUMDAR AND 8 ORS.
S/O- LATE NANIGOPAL MAZUMDAR, R/O- SHILLONG PATTY, SILCHAR,
P.O- SILCHAR, PIN- 788001, DIST- CACHAR, ASSAM
2: PAPLU DUTTA ROY
S/O- LATE JYOTIRMAY DUTTA ROY
R/O- ITAKHOLA
SILCHAR
P.O- SILCHAR
PIN- 788002
DIST- CACHAR
ASSAM
3: DEEP MAZUMDAR
S/O- ARUNUSH MAZUMDAR
R/O- TARAPUR
SILCHAR
P.O- SILCHAR
PIN- 788003
DIST- CACHAR
ASSAM
4: BIDHAN DAS GUPTA
S/O- LATE DHIRENDRA DAS GUPTA
R/O- N S AVENUE
P.O- SILCHAR
PIN- 788005
5: SUMER KANTI PAUL
S/O- LATE SHIRSHENDU PAUL
R/O- RADHA MADHAB ROAD
SILCHAR
P.O- SILCHAR
PIN- 788005
Page No.# 2/6
DIST- CACHAR
ASSAM
6: BISWARUP DUTTA
S/O- BISWANATH DUTTA
R/O- VIBEKANANDA ROAD
SILCHAR
P.O- SILCHAR
PIN- 788007
DIST- CACHAR
ASSAM
7: PRANTOSH SAHA
S/O- NITYA GOPAL SAHA
R/O- JANIGANJ
SILCHAR
P.O- SILCHAR
PIN- 788001
DIST- CACHAR
ASSAM
8: KASHINATH DAS
S/O- KARTIK KUMAR DAS
R/O- MEHERPUR
SILCHAR
P.O- SILCHAR
PIN- 788015
DIST- CACHAR
ASSAM
9: PARTHA PRATIM DAS
S/O- LATE PRAFULLA KUMAR DAS
R/O- PANCHAYAT ROAD
SILCHAR
PIN- 788005
DIST- CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS,
REP. BY THE COMMISSIONER AND SECRETARY, URBAN DEVELOPMENT
DEPARTMENT,, DISPUR, GUWAHATI- 781006.
2:THE SILCHAR MUNICIPAL BOARD
CACHAR
SILCHAR
REP. BY ITS CHAIRMAN
Page No.# 3/6
SILCHAR
PIN- 788001
3:THE DEPUTY COMMISSIONER
CACHAR
SILCHAR
ASSAM
PIN- 788001
4:BISWAJIT ROY
S/O- LATE RAKESH CH ROY
SHYAMAPRASAD ROAD
SHILLONG PATTY
WARD NO. 23
SILCHAR
PIN- 78800
Advocate for the Petitioner : MR A M MAZUMDAR
Advocate for the Respondent : GA, ASSAM
Linked Case : Cont.Case(Crl)(Suo Moto)/1/2021
XXX
XXX
VERSUS
SUMIT SATTAWAN AND 2 ORS.
EXECUTIVE OFFICER
SILCHAR MUNICIPAL BOARD
CACHAR
PIN-788001
2:DR. K.S. AHMED
ADDITIONAL DEPUTY COMMISSIONER
CACHAR
PIN-788001
3:BISWAJIT ROY
S/O LATE RAKESH CHANDRA ROY
SHYAMAPRASAD ROAD
SHILLONG PATTY
Page No.# 4/6
WARD NO. 23
SILCHAR
CACHAR
PIN-788001
------------
Advocate for : MR. T J MAHANTA
Advocate for : MR. R A CHOUDHURY (R-1) appearing for SUMIT SATTAWAN
AND 2 ORS.
Linked Case : Review.Pet./166/2022
BISWAJIT ROY
S/O LATE RAKESH CH. ROY
SHYAMAPRASAD ROAD
SHILLONG PATTY
WARD NO. 23
SILCHAR
ASSAM 788001
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY UNDER THE
DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI 781006
2:THE EXECUTIVE OFFICER
SILCHAR MUNICIPAL BOARD
SILCHAR
3:SILCHAR MUNICIPAL BOARD
REPRESENTED BY EXECUTIVE OFFICER
SILCHAR
4:SRI KAMAL BARUA
ACS
ADDITIONAL DEPUTY COMMISSIONER AND APPELLATE AUTHORITY
MUNICIPAL APPEAL CASES
CACHAR
ASSAM
5:PARTHA PRITAM DAS
S/O LATE PRAFULLA KR. DAS PANCHAYAT ROAD
SILCHAR
DIST CACHAR
Page No.# 5/6
ASSAM
788005
------------
Advocate for : MR. R J DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 18.05.2023
(AM Bujor Barua, J)
As required by the earlier order of 25.04.2023 the State authorities in the
Housing and Urban Affairs Department has produced a communication dated
17.05.2023 from the Director, Town & Country Planning, Assam to the Additional
Secretary to the Government of Assam in the Department of Housing and Urban
Affairs which provides as extracted:
"In inviting reference to the above, I have the honour to state that Uniform
Zoning Regulations, 2000 is operational even after publication of the Assam Notified
Urban Areas (other than Guwahati) Building Rules, 2014. During implementation of
Master Plans, the Regulations upto 8.6 of the said Zoning Regulations are followed.
Regarding regulations related to parameters of building constructions such as FAR,
Coverage, Set-back, building height, size of plot, parking norms, penalty etc. provision
of existing Building Rules/Building Bye laws are followed."
A reading of the afore-extracted portion of the communication of the
Director makes it discernable that although the Uniform Zoning Regulations,
2000 is operational even after publication of the Assam Notified Urban Areas
(other than Guwahati) Building Rules, 2014, but regarding regulations related to
parameters of building constructions such as FAR, Coverage, Set-back, building
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height, size of plot, parking norms, penalty etc. provision of existing Building
Rules/Building Bye laws are followed meaning thereby that the Rules of 2014.
To substantiate the veracity of the aforesaid stand of the Director, Mr. S
Dutta, learned Senior Counsel for the Silchar Municipal Board has referred to the
judgment of the Supreme Court rendered in Sneh Enterprises v. Commissioner
of Customs, New Delhi reported in (2006) 7 SCC 714 wherein the principle of
legislation by incorporation has been discussed in paragraphs 13 and 14.
Mr. KN Choudhury, learned senior counsel for the petitioner has raised a
contention that the principle of legislation by incorporation would not be
applicable in respect of the contents of the afore-extracted paragraphs of the
letter of the Director and further that the veracity of the afore-extracted
paragraphs would also have to be examined.
For the purpose, an adjournment is sought for.
Adjournment is allowed.
List on 15.06.2023.
A copy of the communication dated 17.05.2023 is kept on record.
JUDGE JUDGE
Minu
Comparing Assistant
