Gauhati High Court
Page No.# 1/7 vs Guwahati Municipal Corporation And Anr on 13 November, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010231712024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3373/2024
KRISHNA CHANDRA DAS AND 2 ORS
SON OF LATE MALI RAM DAS,
SATI JAYMATI ROAD, HOUSE NO. 5,
OPPOSITE GOL- BUILDING, ATHGAON,
GUWAHATI, PIN- 781001, DISTRICT- KAMRUP(M),
ASSAM.
2: RAM CHANDRA DAS
SON OF LATE MALI RAM DAS
SATI JAYMATI ROAD
HOUSE NO. 5
OPPOSITE GOL- BUILDING
ATHGAON
GUWAHATI
PIN- 781001
DISTRICT- KAMRUP(M)
ASSAM.
3: GOPAL CHANDRA DAS
SON OF LATE MALI RAM DAS
SATI JAYMATI ROAD
HOUSE NO. 5
OPPOSITE GOL- BUILDING
ATHGAON
GUWAHATI
PIN- 781001
DISTRICT- KAMRUP(M)
Page No.# 2/7
ASSAM
VERSUS
GUWAHATI MUNICIPAL CORPORATION AND ANR
REPRESENTED HEREIN BY ITS COMMISSIONER, ADDRESS- OFFICE OF
GUWAHATI MUNICIPAL CORPORATION, GANESH MANDIR, GANESHGURI,
GUWAHATI, PIN- 781006, KAMRUP(M), ASSAM.
2:ASSISTANT TOWN PLANNER
GUWAHATI MUNICIPAL CORPORATION
OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION
PLANNING BRANCH
GANESH MANDIR
GANESHGURI
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM
Linked Case : WP(C)/2790/2024
KRISHNA CHANDRA DAS AND 2 ORS
SON OF LATE MALI RAM DAS
SATI JAYMATI ROAD
HOUSE NO. 5
OPPOSITE GOL- BUILDING
ATHGAON
GUWAHATI
PIN- 781001
DISTRICT- KAMRUP(M)
ASSAM.
2: RAM CHANDRA DAS
SON OF LATE MALI RAM DAS
SATI JAYMATI ROAD
HOUSE NO. 5
Page No.# 3/7
OPPOSITE GOL- BUILDING
ATHGAON
GUWAHATI
PIN- 781001
DISTRICT- KAMRUP(M)
ASSAM.
3: GOPAL CHANDRA DAS
SON OF LATE MALI RAM DAS
SATI JAYMATI ROAD
HOUSE NO. 5
OPPOSITE GOL- BUILDING
ATHGAON
GUWAHATI
PIN- 781001
DISTRICT- KAMRUP(M)
ASSAM.
VERSUS
GUWAHATI MUNICIPAL CORPORATION AND ANR
REPRESENTED HEREIN BY ITS COMMISSIONER
ADDRESS- OFFICE OF GUWAHATI MUNICIPAL CORPORATION
GANESH MANDIR
GANESHGURI
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM.
2:ASSISTANT TOWN PLANNER
GUWAHATI MUNICIPAL CORPORATION
OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION
PLANNING BRANCH
GANESH MANDIR
GANESHGURI
GUWAHATI
Page No.# 4/7
PIN- 781006
KAMRUP(M)
ASSAM.
For the applicant (s) : Mr. S. Chamaria, Advocate
For the respondent (s) : Mr. S. Borah, SC, GMC
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
13.11.2024
Heard Mr. S. Chamaria, the learned counsel appearing on
behalf of the applicants and Mr. S. Borah, the learned counsel
appearing on behalf of the Guwahati Municipal Corporation
(GMC).
2. The applicants herein are the writ petitioners in WP(C)
No.2790/2024 which has already been closed as it has become
infractuous in view of certain subsequent events.
3. Be that as it may, it is very pertinent to take note of that
pursuant to the notice dated 13.05.2024 which was the subject
matter of challenge in WP(C) No.2790/2024, the applicants
herein had applied for permission on 07.10.2024 and on the very
date, the No Objection Certificate (NOC) for construction had
been issued from the Office of the Guwahati Municipal
Corporation (GMC). Thereafter on 29.10.2024, the Commissioner,
Page No.# 5/7
GMC had issued a notice under Section 337 (1) & 337 (2) of the
Guwahati Municipal Corporation Act, 1971 (for short, 'the Act of
1971') on the ground that the applicants failed to submit their
NOC and the approved plan for the construction. Pursuant to the
said notice, the applicants submitted a reply on 04.11.2024
stating inter-alia that the applicants have been accorded the
permission on 07.10.2024, and as such, requested the
Commissioner, GMC not to further drop the said proceedings.
However, apprehending that action would be initiated under
Section 337(3) of the Act of 1971, the instant application was
filed seeking certain interim protective measures.
4. Mr. S. Chamaria, the learned counsel appearing on behalf of
the applicants submitted that once there is already a permission
on 07.10.2024, the entire proceedings sought to be initiated vide
the notice 29.10.2024 is contrary to the provision of Section
337(4) of the Act of 1971. He, therefore, submitted that such
proceedings so initiated vide the notice dated 29.10.2024 is on
the face of it without jurisdiction and authority and in that regard
had referred to a judgment of the learned Division Bench of this
Court in the case of T. R. Kapoor vs. Guwahati Municipal
Corporation & Another, reported in 1988 (2) GLR 339.
5. Mr. S. Borah, the learned counsel appearing on behalf of the
respondent GMC submitted that a notice dated 29.10.2024 was
Page No.# 6/7
issued on the ground that the applicants did not submit any NOC
and the approved plan pursuant to the notice issued on
13.05.2024. He submitted that even prior to passing any order
under Section 337(3) of the Act of 1971, the applicants had
approached this Court by filing the instant application. He further
submitted that as to whether the reply of the applicants was
taken into consideration and what the Commissioner, GMC
proposes on the basis of the said reply are things within the
jurisdiction of the Commissioner, GMC and as such, the instant
proceedings is premature. He further submitted that the
proceedings so initiated under Section 337 of the Act of 1971
vide the notice dated 29.10.2024 is a substantive proceedings for
which the applicants are required to file a separate proceedings
and not by way of a miscellaneous proceedings to a writ
proceedings which only pertained to the issuance of a notice
dated 13.05.2024 seeking certain documents.
6. This Court having heard the learned counsel appearing on
behalf of the applicants is of the opinion that the proceedings so
initiated vide the notice dated 29.10.2024 is a separate and a
substantive proceedings which cannot be challenged by way of
an Interlocutory Application and the same can only be
challenged in the manner otherwise provided under law or by
way of filing a separate writ petition.
Page No.# 7/7
7. Though the submissions made by the counsels appearing on
behalf of the parties have been duly noted herein above, this
Court is of the opinion that the applicants herein should be given
an opportunity to challenge the said action initiated in terms with
the notice dated 29.10.2024 by challenging the same in
accordance with law.
8. This Court has also taken note of the submission of Mr. S.
Chamaria, the learned counsel appearing on behalf of the
applicants that the interim order which was passed by this Court
on 06.11.2024 may be continued for some time so that the
applicants can avail the appropriate remedies against the
proceedings initiated vide the notice dated 29.10.2024. The said
submission, in the opinion of this Court, is reasonable and
accordingly, this Court directs that the order dated 06.11.2024
passed in I.A.(C) No.3370/2024 shall continue till 25.11.2024.
The applicants, in the meantime, can take appropriate steps
against the said notice.
9. In view of the above, the instant I.A. stands disposed of.
JUDGE
Comparing Assistant
