MITRA KARMAKAR Vs. GAUHATI METRO POLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Writ Application is directed against and arises out of a Notice bearing No. GMDA/BP/566/94/23 dated 27.3.95, issued by the respondents/authorities U/s 88 of the GMDA Act, 1985 for removal/demolition of the petitioner's unauthorised building.

(2.) Prior to the above impugned notice, a notice bearing No. GMDA/BP/566/94/21 dated 23.2.95, Annexure-C to the petitioner, was alo issued to the petitioner U/s 85 of the said GMDA Act, 1985, alleging deviation from the approved plan in the matter of construction of his building and to show cause as to why action under the law should not be taken for the alleged violations. It seems that the petitioner showed cause and thereafter the impugned notice was issued. Hence this petition.

(3.) The impugned action of the respondents is challenged on two grounds - firstly, that the notice dated 23.2.95, Annexure-C, was issued by a person who is not authorised to issue such notice. And secondly, it was contended that the impugned notice issued under Section 88 of the Act, 1985 directing demolition/removal of the building, was without due application of mind.