PARITOSH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Chauhan, learned counsel for the petitioner. Also heard Mr. B Goswami, learned Additional Advocate General for the respondent Nos. 1,2,5,6 and 7, Ms. N Saikia, learned counsel for the respondent No. 8 and Ms. K. Phukan, the learned State Counsel for the respondent Nos. 3 and 9.

(2.) This writ petition is against the order dated 18.05.2017 passed by the Commissioner, Guwahati Municipal Corporation, (GMC) in a representation submitted by the petitioner on 07.01.2017 before the Additional Chief Secretary to the Government of Assam, Guwahati Development Department which was subsequently forwarded to the Commissioner, Guwahati Municipal Corporation for necessary action. The private respondent No. 8 on 12.07.2016 made a specific complaint to the Commissioner, GMC that the petitioner had undertaken unauthorized construction over a plot of land covered by Dag No. 717, KP Patta No. 160 under village - Bormotoria in Beltola Mouza. On the basis of the said complaint, notice was issued to the petitioner directing him to produce the NOC and the approved plans in respect of the alleged unauthorized construction. Though the petitioner took time initially but finally on 15.09.2016 submitted his reply thereby stating his occupation over the land but, the petitioner failed to produce the NOC and the approved plans in respect of the alleged unauthorized construction.

(3.) The GMC authority being satisfied that the petitioner failed to produce any approved plans, a notice was issued to show cause as to why the unauthorized construction should not be demolished. In reply to the said notice, the petitioner took the stand that he had purchased the land on 05.01.1983. Over the said plot of land he initially constructed the thatch house inasmuch as the said land upon which he carried out construction was Government land and thereafter he developed the said house by erecting RCC posts and shutters. The said house had been assessed to property tax and connected with the electricity and also taken a trade license from the GMC to run his commercial activities. It was also stated in the said reply that he applied to the concerned authority for settlement of the land under his possession.