RUKSHANA PARVEEN Vs. GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard MS. K.A. Pujari, learned counsel for the petitioner and Mr. P. Nayak, learned Standing Counsel, GMDA and GMC for the respondent nos. 1, 2 and 3.

(2.) The instant writ petition under Article 226 of the Constitution of India has been preferred initially, to assail a Show-Cause Notice / Stop Construction Notice dtd. 3/12/2024 issued under Sec. 87 and Sec. 88 of the Guwahati Metropolitan Development Authority [GMDA] Act, 1985 in respect of construction of one RCC [G+2] residential building [completed 2nd floor roof casting], undertaken by the petitioner. The notice was issued on the ground that there were violations of the provisions of the Building Bye-Laws and the Guwahati Metropolitan Development Authority Act, 1985 ['the GMDA Act', for short]. Subsequently, an Order has been passed on 27/1/2025 by the respondent no. 2 whereby the respondent no. 2 in exercise of the powers conferred under Sec. 33 the GMDA Act, has revoked the Planning Permit dtd. 14/1/2023 issued earlier for addition of the 2 nd floor to the petitioner, with immediate effect.

(3.) The petitioner has stated that she purchased a plot of land measuring 1.34 Are, covered by Dag no. 474 and Patta no. 328, situate at revenue Village - Notboma, Mouza - Beltola, Revenue Circle - Dispur, Sub-Division - Guwahati, District - Kamrup [Metro] ['the subject-plot', for short] vide a registered Sale Deed bearing registration no. 12483 dtd. 25/8/2021. The subject-plot stood mutated in favour of the petitioner pursuant to an Order of Mutation dtd. 16/9/2021 passed by the Circle Officer, Dispur Revenue Circle. It is stated that after obtaining mutation in respect of the subject-plot, the petitioner applied for building permission for construction of a RCC building up-to G+1 [ground and up-to first floor] on the subject-plot under the Mukhya Mantri Sohoj Griha Nirman Achoni and the petitioner was granted a Planning Permit vide Letter no. GMDA/PP/MMSGNA/20220801/04431 dtd. 1/8/2022 and a No Objection Certificate vide Letter no. GMC/BP/MMSGNA/20220801/04431 dtd. 1/8/2022. After completion of contraction of the RCC Building up to G+1, the petitioner applied for building permission up to G+2 [ground and up to second floor] and the petitioner stated to have obtained the plan approved on 13/1/2023 by Empanelled Registered Technical Personnel [ERTP]. Thereafter, the petitioner was granted Planning Permit vide no. GMDA/PP/MMSGNA/20230114/05460 dtd. 14/1/2023 and No Objection Certificate for construction vide Letter no. GMC/BP/MMSGNA/20230114/05460 dtd. 14/1/2023.