RAJDHANI FILLING STATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Chief Executive Officer, Guwahati Metropolitan Development Authority, in short GMDA, in exercise of powers conferred upon him under Section 88 of the Guwahati Metropolitan Development Authority Act, 1985 passed order dated 23.5.2006 directing the petitioner No. 2 owner of M/s Rajdhani Filling Station to remove the unauthorized building/structure constructed for the purpose of establishment of a retail sales counter of petroleum products in the parking space reserved for Udesna Cinema Hall owned by the petitioner No. 2 in violation of the provisions of the GMDA Act, 1985 and the building bye laws framed thereunder. The order further mentions that the permission granted by the Guwahai Municipal Corporation vide letter dated 25.7.2005 was revoked by the same authority by the order dated 15.12.2005 The order further discloses that the explanation given by the writ petitioners in response to the notice dated 3.2.2005 were also rejected.

(2.) It may be mentioned here that the Chief Executive Officer, GMDA vide letter dated 3.2.2005 issued notice to the petitioners directing them to stop unapproved construction and to show cause. The petitioners responding to the above notice vide letters dated 14.2.2005 and 21.2.2005 submitted that the matter relating to permission was under consideration of the Guwahati Municipal Corporation and the concerned Additional Deputy Commissioner also took up the matter with various Departments. It was further stated that the business in the movie theatre was no longer viable, and the employees of the cinema business would be rehabilitated in the proposed filling station. It was further mentioned that a separate approach road has been proposed for the cinema hall ensuring all safety norms and sufficient space for parking of motor vehicles/scooters etc. was also earmarked after bifurcation of the cinema hall complex from the proposed filling station.

(3.) As directed by this Court, affidavit dated 30th May, 2006 indicating therein that the Guwahati Municipal Corporation and the Deputy Commissioner acted in an arbitrary and illegal manner and in complete violation of the principles of natural justice in cancelling and revoking the 'No Objection Certificate' and trade licence issued by them for carrying on the business of petrol pump without any opportunity to the petitioner firm to represent its case. With reference to Anenxure-1, it is submitted that the petitioners are prepared to suspend the operation of the Cinema Hall pending permission for final closure so that they may carry on the business of petrol pump.