Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 8 Ors on 6 August, 2025
Page No.# 1/4
GAHC010052112024
2025:GAU-AS:10202
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1488/2024
BHOGESWAR SAIKIA
S/O- TUNIRAM SAIKIA, R/O- ZOO ROAD TINIALI, NEAR USHA COURT,
BHASKAR NAGAR, HOUSE NO.20, P.O. SILPUKHURI, P.S. CHANDMARI,
GUWAHATI-03, THE DISTRICT OF KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT ASSAM,
DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FOREST AND ENVIRONMENT DEPARTMENT
DISPUR
GUWAHATI-6
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE
/ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING)
ANANYA BHAWAN
PANJABARI
GUWAHATI-37
ASSAM
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
HOUSING AND URBAN AFFAIRS DEPARTMENT
DISPUR
GUWAHATI-6
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
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MINES AND MINERALS DEPARTMENT
DISPUR
GUWAHATI-06
6:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
MINES AND MINERALS DEPARTMENT
DISPUR
GUWAHATI-6
7:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
BUILDING
UZANBAZAR
GUWAHATI-01
8:THE TOWN PLANNER
GUWAHATI MUNICIPAL CORPORATION
UZANBAZAR
GUWAHATI-01
9:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
GUWAHATI-05
BHANGAGARH
ASSA
Advocate for the Petitioner : MR. I C DEKA,
Advocate for the Respondent : GA, ASSAM, SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date: 06.08.2025
Heard Mr. B. J. Talukdar, learned Senior Counsel representing the respondent nos.
1, 5 & 6 and Mr. D. Gogoi, learned Standing Counsel, Forest Department, representing the
respondent nos. 2 & 3 as well as Mr. P. Nayak, learned Addl. Advocate General, Assam,
representing the respondent nos. 4, 7, 8 & 9.
2. The petitioner herein has approached this Court challenging the communication
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dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and
Minerals Department, Dispur to the Commissioner & Secretary to the Government of
Assam, Housing & Urban Affairs Department as well as the directions issued by the
respondent Nos. 7 & 9 for deposit of an amount on account of royalty on the basis of the
impugned communication dated 02.03.2023.
3. The learned counsel appearing on behalf of the petitioner submits that the
petitioner is constructing a multistoried commercial building at Barbari, Hengrabari,
Guwahati-26 and the issue involved in the present proceedings is directly covered by the
judgment of this Court dated 24.09.2024 in the case of Amar Deka & Another Vs The
State of Assam & 6 Others, reported in (2024) SCC OnLine Gau 1615.
4. This Court has duly taken note of the judgment passed by this Court in the case of
Amar Deka & Another (supra) and the issue involved in the present proceedings
appears to be squarely covered by the judgment of this Court in the case of Amar Deka &
Another (supra). It is further relevant to take note that in the case of Amar Deka &
Another (supra), this Court had already set aside and quashed the communication dated
02.03.2023 which has been impugned in the instant proceedings.
5. Consequently, there is no requirement for further quashing the impugned
communication which already stands set aside and quashed in view of the judgment of
this Court in the case of Amar Deka & Another (supra).
6. This Court further directs the respondent Nos. 7 & 9 not to insist upon payment of
royalty on the basis of the impugned communication dated 02.03.2023 and further directs
the said respondent Nos. 7 & 9 to process the issuance of the No Objection Certificate in
accordance with law in terms with the above observations.
7. With the above, the instant writ petition stands disposed of.
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JUDGE
Comparing Assistant
