Dismissed
Khokon Deb v. the State of Assam and 4 Ors.
Gauhati HCWP(C)/1475/2018
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GAHC010046362018 THE GAUHATI HIGH COURT…
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GAHC010046362018 THE GAUHATI HIGH COURT…
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GAHC010046362018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1475/2018
1:KHOKON DEB
S/O. LT. MAHENDRA CH. DEB, R/O. GANDHIBASTI, (NEAR RAILWAY LEVEL CROSSING), P.S. CHANDMARI, GUWAHATI-3, DIST. KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY THE CHIEF EXECUTIVE OFFICER BHANGAGARH GUWAHATI-5 ASSAM.
3:THE GUWAHATI MUNICIPAL CORPORATION REP. BY THE COMMISSIONER PANBAZAR GUWAHATI-1 KAMRUP(M) ASSAM.
4:MD. KALIM AHMED S/O. MD. ABDUL HAQUE GANDHIBASTI P.S. CHANDMARI GUWAHATI-3 KAMRUP ASSAM.
5:MUSST. ASMA BEGUM W/O. MD. ZAHID AHMED GANDHIBASTI P.S. CHANDMARI GUWAHATI-3 KAMRUP ASSAM
Advocate for the Petitioner : MR. A SARMA
Advocate for the Respondent : SC, GDD
BEFORE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
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ORDER
Date : 04-04-2018
Heard Mr. M.K. Roy, learned counsel for the petitioner. Also heard Mr. S. Bora, learned standing counsel, Guwahati Development Department (GDD) & Guwahati Municipal Corporation (GMC), appearing for the respondent Nos.1 & 3, respectively, and Ms. M. Hazarika, learned senior standing counsel, Guwahati Metropolitan Development Authority (GMDA), appearing for the respondent No.2.
The grievance expressed in this petition is that despite an order dated 27.10.2017 (Annexure-X of the writ petition) issued by the Chief Executive Officer, GMDA directing the respondent Nos.4 & 5 to demolish the unauthorized construction within 5(five) days and also indicating that on failure to demolish the same, the GMDA would proceed for demolition or sealing of the unauthorized construction on its own, no tangible action has been taken by the GMDA despite the fact that unauthorized building had not been pulled down by the respondent Nos.4 & 5.
Ms. Hazarika has submitted that the respondent Nos.4 & 5 had preferred a statutory appeal being Misc. Appeal No.61/2017, which is pending in the Court of the learned Additional District Judge No.1, Kamrup (M) at Guwahati and, therefore, no further action could be taken by the GMDA authorities.
As a statutory appeal is pending, this petition is not entertained at this stage and, therefore, the petition is closed giving liberty to the petitioner to approach this Court again, if need so arises in future.
J U D G E
M. Sharma
Comparing Assistant
Khokon Deb
The State of Assam
Guwahati Metropolitan Development Authority
Guwahati Municipal Corporation
Md. Kalim Ahmed
Musst. Asma Begum
Arup Kumar Goswami
As recorded by the court registry
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