DAYAL CONSTRUCTIONS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, the learned Senior Counsel assisted by Mr. H. Agarwal, the learned counsel appearing on behalf of the Petitioners in WP(C) No. 1212/2023 and Mr. B. Dutta, the learned Senior Counsel assisted by Mr. S. Deka, the learned counsel appearing on behalf of the Petitioners in WP(C) No. 392/2023. I have also heard Mr. S.S. Roy, the learned Standing Counsel appearing on behalf of the Tinsukia Municipal Board and Mr. N. Das, the learned Government Advocate appearing on behalf of the State Respondents and District Administration.

(2.) Both the writ petitions are interrelated and as such, are taken up for disposal by this common judgment and order. PREFACE:

(3.) The Petitioners in WP(C) No.392/2023 are aggrieved by the inaction on the part of the Tinsukia Municipal Board in allowing the Respondent Nos. 4 and 9 of the said writ petition to undertake further construction pursuant to the building construction permission (NOC) bearing No. TMB(Kha)2/Per/2012/530 dtd. 12/5/2014 and Renewal Permission bearing No. TMB(Tech)/AE/ Renewal/2014/3315 dtd. 5/2/2016 issued by the Tinsukia Municipal Board. The said Petitioners have also sought for a direction upon the Respondent No. 3 i.e. the Executive Officer of the Tinsukia Municipal Board to take appropriate actions against the Respondent Nos. 4 to 9 for violation of the provisions of the Assam Unified Building Construction (Regulation) Bye-Laws, 2022. The Petitioners have also sought for a relief thereby directing the Respondent Nos. 4 to 9 to dismantle the illegal construction, whatsoever carried out in violation of the Assam Notified Urban Areas (other than Guwahati) Building Rules, 2014 (for short, "the Rules of 2014") and the Assam Unified Building Construction (Regulation) Bye-Laws, 2022.