KALYAN BHATTACHARJEE Vs. GAUHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner being aggrieved by the inaction on the part of the Commissioner, Guwahati Municipal Corporation as well as the Chief Executive Officer, Guwahati Metropolitan Development Authority on the ground that the representations so submitted on 24/7/2019 and 2/8/2019 respectively have not been considered by the said Authorities even after the demarcation of the land of the Petitioner by the officials of the Land Revenue Department. It is the further case of the Petitioner that on 4/2/2020, the Petitioner had also submitted another reminder to the Commissioner, GMC for taking necessary action but nothing was done by the Respondent No. 1.

(2.) This Court have duly perused the representations so submitted by the Petitioner on 24/7/2019, 2/8/2019 as well as on 4/2/2020 to the Respondent Authorities.

(3.) It further reveals from the records that the Guwahati Municipal Corporation had filed an affidavit-in-opposition through the Joint Commissioner of Guwahati Municipal Corporation on 19th of October, 2020. In the said affidavit-in-opposition, it was mentioned that the demolition as stated in paragraph No. 3 was done almost 33 years back and subsequently if any construction was made in the patta land of the Petitioner then the same may be demolished by the Petitioner himself. Further to that, it was mentioned that since the demarcation of the land had already been done by the Land Revenue Department, therefore it is open to the Petitioner to clean his plot of land from all or any type of physical structure at his own cost and risk and not by the public authority.