ACHALA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Choudhury, the learned counsel appearing for the petitioners. The respondent Nos.1, 2 & 5 are represented by Mr. T.C. Chutia, the learned Addl. Senior Govt. Advocate, Assam. The learned senior counsel Mr. G.N. Sahewalla appears for M/s K.R.C. & S.R. Associates (respondent No. 8). The Tezpur Development Authority have filed their counter affidavit but their counsel is not present during hearing.

(2.) This PIL is filed by the residents of the Kacharigaon locality of Tezpur Town and their grievance relates to the illegal expansion of the high rise building, constructed in the Kacharigaon area, by the 8th respondent. According to the petitioners, the builders have usurped the ground floor parking space in the commercial building where a hotel and a shopping mall (Vishal Mega Mart) are operating and have also constructed two extra floors, in violation of the conditions incorporated in the building permission, granted on 28.02.2008 (Annexure-1), by the Tezpur Development Authority.

(3.) The permission for construction of the multi storied building, consisting of G+5 floors was granted on 28.02.2008, inter alia, with the following conditions: