Page No.# 1/4 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 2272 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 5 Ors on 24 January, 2025

                                                             Page No.# 1/4

GAHC010217022023




                                                       2025:GAU-AS:716

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

                         Case No. : WP(C)/5734/2023

         MRIDUL DEKA AND ANR
         SON OF LATE PRABHAT CH. DEKA,
         RESIDENT OF SENDURI PATH, JAPORIGOG,
         P.O. AND P.S.- DISPUR,
         GUWAHATI, DISTRICT- KAMRUP(M),
         ASSAM, PIN- 781006.

         2: RATUL DEKA
          SON OF LATE PRABHAT CH. DEKA
          RESIDENT OF SENDURI PATH
          JAPORIGOG
          P.O. AND P.S.- DISPUR
          GUWAHATI
          DISTRICT- KAMRUP(M)
         ASSAM
          PIN- 781006



         VERSUS



         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         FOREST AND ENVIRONMENT DEPARTMENT,
         DISPUR, GUWAHATI-6.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          HOUSING AND URBAN AFFAIRS DEPARTMENT
          DISPUR
          GUWAHATI- 781006.
                                                                       Page No.# 2/4


            3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF HOUSING AND URBAN AFFAIRS
             DISPUR
             GUWAHATI-6.

            4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
             MINES AND MINERALS DEPARTMENT
             DISPUR
             GUWAHATI- 781006.

            5:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
             MINES AND MINERALS DEPARTMENT
             DISPUR
             GUWAHATI- 781006.

            6:THE COMMISSIONER
             GUWAHATI MUNICIPAL CORPORATION
             BHANGAGARH
             GUWAHATI- 781005.

            7:THE CHIEF EXECUTIVE OFFICER
             GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
            (GMDA)
             BHANGAGARH
             GUWAHATI-781005

Advocate for the Petitioner   : MR. D BORAH, K BARMAN

Advocate for the Respondent : SC, FOREST, SC, GMC




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                        ORDER

Date : 24.01.2025

1. Heard Mr. D. Borah, learned counsel for the petitioners. Also heard Ms. M. Kalita, learned standing counsel, Forest and Environment Department, for the respondent No. 1; Mr. P. Nayak, learned standing counsel, Housing & Urban Affairs Department, GMC & GMDA, for the respondent Nos. 2, 3, 6 & 7 and Mr. G. Bakalial, Page No.# 3/4

learned Junior Government Advocate, for the respondent Nos. 4 & 5.

2. The petitioners, before this Court, are the owners of a plot of land measuring 2 kathas and 10 lessas covered by Dag No. 1864 of Patta No. 1787 situated at No. 1 Japorigog, Mouza-Beltola, Guwahati. The petitioners are intending to build a G+2 residential building over the said plot of land and they had applied for building permission before the GMDA under MMSGNA through RTPS vide Acknowledgement Receipt dated 15.08.2023. The petitioners are aggrieved by the impugned Communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department, whereby 2% (two percent ) Forest Royalty is required to be submitted for making the said construction.

3. The learned counsel for the petitioners submits that the present case is covered by the Judgement and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024 (Amar Deka and another Vs. State of Assam and 6 others). He, accordingly, submits that the GMC/GMDA cannot insist upon 2% (two percent) Forest Royalty for persons who are intending to construct a building on their own private land.

4. Ms. M. Kalita, learned standing counsel, Forest and Environment Department and Mr. P. Nayak, learned standing counsel, Housing & Urban Affairs Department, GMC & GMDA as well as Mr. G. Bakalial, learned Junior Government Advocate jointly submit that the present case is covered by the Judgment and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024 and therefore, the GMC/GMDA or any other Urban Local Bodies cannot insist on payment of 2% (two percent) Forest Royalty in respect of private construction to be carried out on private land.

5. In view of the submissions made by the learned counsel for the parties and the fact that the present case is covered by the Judgment and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024, it is held that the Page No.# 4/4

GMC/GMDA cannot insist on payment of payment of 2% (two percent) Forest Royalty, inasmuch as the impugned Communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department has already been set aside by this Court by the Judgment and Order dated 24.09.2024.

6. This writ petition is, accordingly, disposed of.

JUDGE

Comparing Assistant