ANITA DAS Vs. GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. D. J. Das, learned counsel appearing for the petitioners. Also heard Mr. P Nayak, learned Additional Advocate General appearing for the respondents. The pleadings in this case have been completed with the respondents having filed their affidavit in opposition and the petitioner having filed his reply. With the consent of the parties, although the matter has been listed under Order (Stay Vacating), the entire matter has been taken up for disposal at this stage.

(2.) The case projected by the writ petitioner is that the petitioner had purchased a plot of land measuring 17 lechas under dag no. 670 (old)/(810) (New) situated at Village-Fatasil under Beltola Mouza in the district of Kamrup (Metro), from one Sri Prabhat Boro, resident of Kotabari, Gorchuk, Guwahati by way of an agreement on a stamp paper. The petitioner, while buying the aforesaid plot of land did not know that the said plot of land is a patta land and that another Dipak Baruah is the original owner of the said plot of land. The petitioner further stated that due to an urgency on the part of the petitioner and due to absence of residential premises, the petitioner, along with her husband, had constructed an RCC Ground + 2 floor building on the aforesaid lot of land in the year 2017. After completion of the construction the petitioner applied for obtaining the "Holding number" and also for assessment for the purposes of taxes etc. in the office of the Guwahati Municipal Corporation, Guwahati. Pursuant to such assessment, the Guwahati Municipal Corporation allotted holding number 12072830 and Assessment ID no. 06-80-12072830 against the building standing on the said plot of land.

(3.) It is the further case of the petitioner that she was served with a show-case notice dated 12th of June 2023, issued under the provisions of Ss. 87 and 88 of the Guwahati Metropolitan Development Authority Act, 1985. The notice was issued under the hand and seal of the Chief Executive Officer, Guwahati Metropolitan Development Authority, wherein it was alleged that the petitioner had constructed the RCC ground plus two floor building and RCC toilet block over the said plot of land without any valid permission from the competent authority. The petitioner had submitted her reply to the show cause notice on 3/7/2023, where she had explained the entire circumstances under which she acquired the same plot of land. The Chief Executive Officer, GMDA, thereafter, issued the impugned order dated 13th of July 2023, upon the petitioner, directing the petitioner to demolish the RCC ground plus two floors building and the RCC toilet constructed at House No. GMC/21, Naban Borough Port, near Manasa Mandir, Gorchuk. On 20/7/2023, the petitioner filed a representation praying for opportunity and reasonable time to take necessary steps to obtain the permission and arrange to regularize the construction of the RCC Ground Plus Two floors building. The Petitioner alleges that the representation had not been disposed of and, therefore, she has approached this court to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India to obtain an appropriate relief to the petitioner. The petitioner has prayed for setting aside of the order dtd. 13/7/2023 issued by the Chief Executive Officer, Guwahati Metropolitan Development Authority and for directing the respondents not to take any coercive action against the petitioner in terms of the order dtd. 13/7/2023, till the petitioner obtains the required permission or approval for regularizing her building.