PARTHA PRATIM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. SB Choudhury, learned counsel for the petitioner. Also heard Mr. P Sarma, learned Additional Senior Government Advocate, Assam, appearing for respondent Nos.1 and 4, Mr. Sishir Dutta, learned senior Standing Counsel, Silchar Municipal Board, appearing for respondent Nos.2 and 3 and Mr. KN Choudhury, learned senior counsel assisted by Mr. DJ Das, learned counsel appearing for respondent No.5.

(2.) This writ petition has been filed by the petitioner challenging the order dated 20.08.2021 (Annexure-VIII to the writ petition) passed by the Additional Deputy Commissioner, who is the appellate authority under the Assam Municipal Act, 1956 (in appeal, being M.A. Case No.07/2020, Sri Biswajit Roy Vs. The Executive Officer, Silchar Municipal Board). By the said order, the earlier order dated 12.11.2020 passed by the Executive Officer of Silchar Municipal Board (hereinafter to be referred as 'the Board') for demolition of unauthorised building has been set aside. But before we come to the merits of the case and examine the relevant Building Laws and the legality of the impugned order, we must note down some relevant facts which are absolutely material for the adjudication of the present case.

(3.) A public interest litigation, being PIL 21/2020 was filed before this Court by a group of petitioners who were nine in number, and are residents of Silchar, which is a town in the district of Cachar in Barak Valley of Assam. The case of the petitioners was that an unauthorised construction of a commercial building was being made in Silchar, which is against the Building Laws and is causing disturbance in the neighbourhood and the petitioners being the residents of Silchar were aggrieved by this construction. They thus prayed for an interference and appropriate order of this Court in this PIL.