ANURAG AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the direction contained in the letter No. UDD(T)/284/2010/9 dtd. 29.12.2010 issued by the Under Secretary to the Government of Assam, Urban Development Department and addressed to the Chairman, Tezpur Development Authority, Tezpur (Annexure-5 to the writ petition) as well as the letter bearing No. TDA/BP/Mazgaon/2013/10/590 dtd. 05.01.2011 issued by the Chairman, Tezpur Development Authority and addressed to the petitioner (Annexure-4 to the writ petition). The petitioner is the owner and possessor of a plot of land measuring 2 bighas 3 kathas and 11 lechas covered by dag Nos. 967 and 3 of patta Nos. 14 and 433 of village- Mazgaon in the revenue district of Sonitpur (Assam). The said land is situated at Mission Chariali by the side of the National Highway (NH)37A.

(2.) The petitioner applied before the Tezpur Development Authority ("the Development Authority" hereafter) on 22.08.2008 seeking permission to construct a multistoried RCC building having 7 floors for a shopping mall and cinema complex on the aforesaid plot of land. By order dated 25.09.2008, the Development Authority approved the said application alongwith the map submitted and granted permission for construction. The petitioner also obtained such permission from the Mazgaon Gaon Panchayat.

(3.) According to the petitioner, after obtaining the construction permission, he contacted various persons to raise necessary finances to construct the said multi-storied building. Finally, a company known as Satyam Krishna Infra-Project Private Limited, of which the petitioner is also a director, decided to construct the said building. After arranging the necessary finances, the construction work was started and within a span of 15 months, the outer construction of the building was completed.