NABA SARMA Vs. GAUHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. S.P. Roy, the learned counsel appearing for the petitioner. The Guwahati Municipal Corporation (GMC) is represented by the learned standing counsel Mr. H. Sarma. The respondent No.2 Anil Kr. Das is the con-testing litigant and he is represented by the learned counsel Mr. S. Khound.

(2.) The petitioner secured permission for construction of the RCC building (Ground + 2 floors) on the bye lane of Lamb Road, in Ward No.24 of Guwahati and the revocation of the building permission, under Section 338 of the Gauhati Municipal Corporation Act, 1971 (hereinafter referred to as 'the GMC Act'), is the subject matter of challenge in the present case. Since the impugned cancellation was at the instance of the tenant of the Assam Type house, located on a portion of the purchased land of the petitioner, the tenant has impleaded himself as the respondent No.2 on 11.5.2011 and is participating in the hearing.

(3.) The concerned land measures 3.69 Ares and the Annual Patta land was in the name of Rajbihari Das, who had constructed an Assam Type house. The respondent No.2 Anil Kr. Das was a tenant in the said house (Holding No. 33), standing on the Annual Patta No.4 (old), Dag No.912 of Sahar Guwahati. When the land owner died, his son Ramen Das was recorded as the land owner in the revenue records. The son applied for conversion of the annual patta into periodic patta and the Government after due consideration, on 30.1.2000 (Annexure-4), accorded sanction for conversion, on payment of due premium. The applicant deposited the premium and secured mutation for the periodic patta land, as can be seen from the jamabandi(Annexure-5), annexed to the writ petition. The patta holder also applied for transfer of the Holding No.33, which the tenant was occupying and in the Mutation Case No.78/2000, transfer of the holding to the son Ramen Das, was permitted on 2.1.2001 (Annexure-6).