BY THE WAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition has been instituted under Article 226 of the Constitution of India to assail a notice bearing no. GPL/UC/81/882/2023/412 dtd. 17/11/2023 issued under the hand of the respondent no. 3.

(2.) I have heard Mr. S. Sharma, learned counsel for the petitioners and Mr. S. Bora, learned Standing Counsel, GDD and GMC for all the respondents.

(3.) In order to appreciate the nature of challenge, the contents of the said notice dated 17. 11.2023 are extracted hereinbelow in its entirety :- OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION BHANGAGARH - GUWAHATI-781001 GPL/UC/81/882/2023/412 dtd. : 17/11/2023 To, Vintage Cafe & Restaurant Damayanti Mansion Housing Society Guwahati ' 781001 Whereas, you have carried out erection of an R.C.C. building without adequate : Md. Tayabulla Road setback area in Vintage Cafe & Restaurant at Damayanti Mansion Housing Society, Guwahati. A notice asking for documents was served vide letter no. GPL/UC/81/882/2023/412 dtd. 17/11/2023 in the name of Vintage Cafe & Restaurant. But in response to the notice, Vivek Agarwal, owner of the restaurant has submitted a reply on 18/9/2023, which is not satisfactory. Hence, the notice u/s 337[1] & [2] is now prepared in the name of Vintage Cafe & Restaurant at Damayanti Mansion Housing Society Guwahati. You are, therefore, directed to discontinue the undertaken works of erection or re-erection of occupying the setback area of the building at Damayanti Mansion Housing S ociety, Guwahati forthwith at your own cost and to submit report within 07 [seven] days as to why the unauthorized construction should not be demolished/sealed. If you do not submit any explanation as demanded above or if the explanation submitted is found unsatisfactory, the Guwahati Municipal Corporation would be free to proceed under Sec. 337 [3] & 337 [A] [1] of G.M.C Act, 1971 to demolish/seal the unauthorized Construction as mentioned in Schedule. SCHEDULE-A <FRM>JUDGEMENT_36_LAWS(GAU)12_2023_1.html</FRM>