DILIP KUMAR BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. P. Roy, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 and 4. I have also heard Mr. S. P. Khound, the learned Standing Counsel appearing on behalf of the Respondent Nos. 2 and 3.

(2.) The instant writ petition has been filed by the Petitioner challenging the demolition notices dtd. 30/6/2021, 20/7/2021 and 18/8/2021 issued by the Executive Officer. Be that as it may, there is no relief specifically sought for against the notice dt. 3/9/2021 whereby demolition orders were issued. However, taking into account the contents of the writ petition, this Court finds it pertinent to deal with the notices dtd. 3/9/2021 and its legality and validity.

(3.) The facts of the instant case are that the Petitioner No.1 is the owner of plots of land conjointly measuring 1 Bigha 2 katha 7 Lechas covered by Dag No.414, 403, 404 and 423 included in Patta No.152, 870, 396 and 96 respectively of village Town Nortom, Mouza-Sadar Town of Nagaon District. The Petitioner No.1 claims that he had formed a society under the Societies Registration Act, 1860 known as the Ramanujan Society of Education Social and Rural Development which have been registered bearing Registration No.RS/NG.254.F.47 of 2003-04. Subsequent thereto, the Petitioner No.1 also claims of leasing out the said land to the Petitioner No.2 vide a deed of lease bearing No. Deed No.509 dtd. 21/7/2009 and had also entered into an agreement for lease dtd. 6/5/2017. Thereupon, the Petitioner No.1 being the Secretary of the Petitioner No.2 obtained the building permission from the Nagaon Development Authority over the land measuring 2 Kathas 12 Lechas specifically stating that the house would be used for residential purpose. The said building permission was granted on 3/5/2010 and the same is enclosed as Annexure-2 to the writ petition. This Court finds it very pertinent to take note of that the land whereupon the Petitioner No.1 took permission for construction is covered by Dag No.404 of K.P. Patta No.396 of an area measuring 2 Kathas 12 Lechas. The Permission which was granted was for Ground Floor + 3 Floors. Each floor i.e. the first, second and third would be 3393 sq. ft. The said permission was granted by the Nagaon Development Authority.