LAWS(GAU)-1995-5-17

GOLAP SARMA Vs. GUWAHATI METROPOLITAN DEVLOPMENT AUTHORITY

Decided On May 08, 1995
GOLAP SARMA Appellant
V/S
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed challenging the rejection/revocation of the permission to construct the house by the Guwahati Metropolitan Development Authority (G.M.D.A.) vide letter dated 10.1.94 issued by the Chief Executive Officer, GMDA, Guwahati. The legality and validity of the notice dated 10.1.94 issued by the Town Planner, GMDA, Guwahati issued in exercise of the powers under section 85,87 and 88 of the Act of 1985 asking the petitioner to stop the construction and to show cause as to why the same should not be demolished and removed also has been challenged. The notice dated 10.1.94 asking the petitioner to stop the construction is Annexure-10 to the writ application and the other notice is Annexure-11. Both of them are quoted below:

(2.) The brief facts are as follows: The petitioner in the year 1986 applied to the Commissioner of the Guwahati Municipal Corporation for construction of RCC building on the plot of land owned by him and on 17.3.86 the authority granted permission for construction of the ground floor, 1st floor and 2nd floor of the building as prayed for, i.e. Annexure-2 to the writ application. That No Objection Certificate is quoted below:

(3.) The building constructed by the petitioner was duly assessed by the Municipal Corporation and the [petitioner paid taxes for the same. The notice of assessment and the tax paying treceipts are Annexures 3 and 4. On 31.1.92 the petiioner submitted another application before the Commissioner, Gauhati Municipal Corporation for permission to construct the 3rd and 4th floor of the building and the necessary fee was also sought to be deposited. In the month 'of May, 1993 the Corporation informed the petitioner that in the meantime the power of granting permission lor construction of the building had been with- drawn from the Corporation and it has been conferred on the Gauhati Metropolitan Development Authority under GMDA Act, 1985 (hereinafter called the Act). Accordingly, the petitioner applied in prescribed form alongwith a fee of Rs. 20/-before the authority renewing his prayen for permission to construct the boundary wall around the land in question and the necessary application and fee the sam was also paid. On 16.5.93 and 29.6.93 the authority informed the petitioner that his proposal was under consideration, i.e. Annexure-7 to the writ application. Site was inspected by the authority; and there was no order refusing the permission as prayed for. On 16.8.94 the Town Planner asked the petitioner to submit the fresh proposal as per the requirement regarding high rise building and also to submit the structural stability certificate for construction of an additional floor over the existing building. This letter is at Annexure-8 to the writ application. It may be stated herein that in the meantime the petitioner completed the construction of the 3rd floor in accordance with the application made by him and on receipt of this letter (Annexure-8) the petitioner wrote to the authority that the construction of the 3rd floor is complete but even then he submitted the necessary map and stability certificate to show that the construction of the 3rd floor have been made in accordance with the plan submitted before the authority earlier. No reply to it has been received and accordingly the petitioner submitted another reminder dated 20. 12.93 (Annexure-9). Thereafter the impugned notices vide Annexures-10 and 11 were issued. Prayer has been made in this writ application that these two notices be quashed with a further direction directing the authority not to take any action in pursuance of the aforesaid notices.