Gauhati High Court
Page No.# 1/4 vs Gauhati Municipal Corporation And Anr on 20 November, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010244812024
2024:GAU-AS:11542
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6106/2024
KRISHNA CHANDRA DAS AND 2 ORS
S/O- MALI RAM DAS,
R/O- SATI JAYMATI ROAD, H.NO-05, OPP. GOI-BUILDING, ATHGAON,
GUWAHATI, PIN-781001, DIST- KAMRUP (M), ASSAM
2: RAM CHANDRA DAS
S/O- MALI RAM DAS
R/O- SATI JAYMATI ROAD
H.NO-05
OPP. GOI-BUILDING
ATHGAON
GUWAHATI
PIN-781001
DIST- KAMRUP (M)
ASSAM
3: GOPAL CHANDRA DAS
S/O- MALI RAM DAS
R/O- SATI JAYMATI ROAD
H.NO-05
OPP. GOI-BUILDING
ATHGAON
GUWAHATI
PIN-781001
DIST- KAMRUP (M)
ASSA
VERSUS
GAUHATI MUNICIPAL CORPORATION AND ANR
REP. BY THE COMMISSIONER, O/O THE GAUHATI MUNICIPAL
CORPORATION, GANESH MANDIR
Page No.# 2/4
GANESHGURI, GUWAHATI-06, KAMRUP(M), ASSAM
2:ASSISTANT TOWN PLANNER
GAUHATI MUNICIPAL CORPORATION
O/O THE GAUHATI MUNICIPAL CORPORATION
PLANNING BRANCHGANESH MANDIR
GANESHGURI
GUWAHATI-06
KAMRUP(M)
ASSA
For the Petitioner(s) : Mr. S. Chamaria, Advocate
For the Respondent(s) : Mr. S. Bora, Standing Counsel
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 20.11.2024
Heard Mr. S. Chamaria, the learned counsel appearing on behalf of
the Petitioner and Mr. S. Borah, the learned Standing counsel appearing
on behalf of the GMC.
2. The Petitioners herein have approached this Court assailing the
notice dated 29.10.2024 issued by the Commissioner, Guwahati Municipal
Corporation pursuant to the leave granted to the Petitioners in the order
dated 13.11.2024 passed in I.A.(Civil) No.3373/2024 arising out of WP(C)
No.2790/2024.
3. From the materials on record, it transpires that the Petitioners were
initially issued a notice on 13.05.2024 by the Assistant Town Planner
asking the Petitioners to produce the NOC. The Petitioners challenging
the jurisdiction of the Assistant Town Planner had filed the writ petition
being WP(C) No.2790/2024. During the pendency of the writ petition, the
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Petitioners obtained No Objection Certificate for construction on
07.10.2024.
4. Be that as it may, without taking notice of this permission obtained
on 07.10.2024, a notice was issued on 29.10.2024 on the ground that the
Petitioners failed to submit any No Objection Certificate as well as the
approved plan pursuant to the letter dated 13.05.2024. It is further seen
that the Petitioners had submitted a reply on 04.11.2024 stating inter alia
that the Petitioners now have the permission dated 07.10.2024.
5. In addition to that, it is the specific case of the Petitioners that in
view of Section 337(4) of the Guwahati Municipal Corporation Act, 1971
(for short the "Act of 1971"), the proceedings under Section 337 of the
Act of 1971 cannot be initiated inasmuch as the Petitioners have a No
Objection Certificate as well as the approved plan. This aspect was
brought to the notice of the Commissioner, GMC vide the reply on
04.11.2024. It is seen that the Commissioner, GMC is yet to decide the
said proceedings.
6. Mr. S. Chamaria, the learned counsel appearing on behalf of the
Petitioners submitted that the Petitioners taking into consideration the
manner in which the GMC Authorities are after the Petitioners, an
apprehension has arisen that on any day, an order would be passed
under Section 337(3) of the Act of 1971 and thereupon, the Petitioners'
building would be demolished. He further submitted that the Petitioners
should be afforded a personal hearing before passing such order.
7. Mr. S. Borah, the learned Standing counsel for the GMC Authorities
submitted that the Commissioner, GMC have not passed any order
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pursuant to the reply submitted on 04.11.2024. He submitted that at this
stage, the question of interference by this Court ought not to be made
taking into account that the matter is still pending before the
Commissioner, GMC. He further submitted that the Commissioner, GMC
shall consider the reply submitted by the Petitioners on 04.11.2024 in
accordance with law.
8. Taking into account the above submissions, this Court is of the
opinion that as the Commissioner, GMC is still seized with the matter, it
would not be proper on the part of this Court to entertain the writ
proceedings at this stage. However, this Court cannot also be unmindful
of the apprehension of the Petitioners.
9. Accordingly, this Court disposes of the instant writ petition at the
motion stage itself with the following observations and directions.
(i) The Commissioner, GMC shall afford an opportunity of hearing to
the Petitioners by fixing particular date and time before passing any
orders pursuant to the notice dated 29.10.2024.
(ii) This Court further taking into account the recent judgment of the
Supreme Court in the case of In Re: Directions in the matter of Demolition
of structures reported in 2024 SCC OnLine SC 3291, directs that for a
period of 15 days from the date of service of the order upon the
Petitioners, no actions be taken, if any order is passed under Section
337(3) of the Act of 1971.
JUDGE
Comparing Assistant
