Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 6 Ors on 16 July, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010076022024
2025:GAU-AS:9204
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2080/2024
TOWHIDUR RAHMAN
S/O- LATE MAZIBUR RAHMAN,
R/O- LAKHMI PATH, HOUSE NO. 12, NABIN NAGAR,
P.O.- RG BARUAH ROAD,
POLICE STATION- GITANAGAR, GUWAHATI,
DISTRICT- KAMRUP(METROPOLITAN),
ASSAM, PIN- 781024.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
FOREST AND ENVIRONMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE
ARANYA BHAWAN
PANJABARI
GUWAHATI
PIN- 781037
ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
HOUSING AND URBAN AFFAIRS DEPARTMENT
DISPUR
GUWAHATI- 781006.
Page No.# 2/4
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
MINING AND MINERALS DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006
ASSAM.
5:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
MINES AND MINERALS DEPARTMENT
DISPUR
GUWAHATI- 781006
ASSAM.
6:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
GUWAHATI
PIN- 781001.
7:THE COMMISSIONER
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
BHANGAGARH
GUWAHATI
ASSAM
PIN CODE- 781005
Advocate for the Petitioner : Mr. I. Choudhury, Advocate
Advocate for the Respondent : Mr. R. R. Gogoi, Advocate
Ms. U. Das,
Addl. Sr. Govt. Advocate
Ms. A. Borthakur,
SC, GMC/GMDA
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 16.07.2025
Date of Judgment : 16.07.2025
Page No.# 3/4
JUDGMENT AND ORDER (ORAL)
Heard Mr. I. Choudhury, the learned counsel appearing on
behalf of the petitioner; Mr. R. R. Gogoi, the learned counsel who
appears on behalf of the respondent Nos.1 & 2; Ms. U. Das, the
learned Government Advocate who appears on behalf of the
respondent Nos.3, 4 & 5 and Ms. A. Borthakur, the learned
counsel who appears on behalf of the GMC and GMDA.
2. The petitioner herein has approached this Court challenging
the communication 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.6 & 7 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 residential house
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 and Another vs. The State of Assam and 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 and Another (supra) and the
Page No.# 4/4
issue involved in the present proceedings appears to be squarely
covered by the judgment of this Court in the case of Amar Deka
and Another (supra). It is further relevant to take note that in the
case of Amar Deka and 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 and Another (supra).
6. This Court further directs the respondent Nos.6 & 7 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.6 & 7 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.
JUDGE
Comparing Assistant
