ARYABHATTA JUNIOR SCIENCE COLLEGE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner No. 1 a registered society under Societies Registration Act, 1860 and the petitioner No. 2 the owner of the building in question in which the college of the petitioner No. 1 is located are aggrieved by the decision of the authority, by which the petitioner No. 1 has been directed to vacate the educational institution from the building.

(2.) ARYABHATTA Science Society is managing the Aryabhatta Junior Science College located in the building constructed by the petitioner No. 2. The petitioner No. 2 by her application dated 17.8.1999 had approached the Respondent Authority to accord permission for construction of a building of Ground Floor, 1st Floor and 2nd Floor over her plot of land situated near G.S. Road, Guwahati. The authority approved the building plan and accordingly the petitioner No. 2 was issued with the no objection certificate towards construction of the building. The building was constructed with the aid and assistance of the petitioner No. 1. On completion of the construction a Deed of Gift No. 7380/2001 was executed by which, the petitioner No. 2 donated the said land and building in favour of the petitioner No. 1. Since then, the petitioner No. 1 has been running the college.

(3.) BY Annexure -6 notice dated 8.6.2006, the authority directed the college authority to stop unapproved construction in respect of 3rd and 4th floor of the building. In response to the notice, the petitioner submitted its reply. Thereafter, another notice dated 30,6.2006 (Annexure -8) was issued, interalia contending that the building had been used as college building instead of commercial building as approved earlier. The notice was followed by Annexure -9 notice dated 11.7.2006 to the same effect. As regards the unauthorized construction of the floors, the petitioner was directed to demolish the same.