Dismissed

Smti. Maya De Roy and 2 Ors. v. the State of Assam and 7 Ors.

Gauhati HC7 Oct 2021WP(C)/5336/2021

Case brief

AI extract

What is this about?

Petitioners challenged a District Magistrate order directing demolition of an unauthorized structure. The Court held that since the matter is pending before the Sessions Judge in a revision petition, the writ petition is devoid of merit and dismissed it.

What did the court decide?

Petition dismissed; petitioners directed to seek relief from the Sessions Judge in the pending revision petition.

Smti. Maya De Roy and 2 Ors. Vs the State of Assam and 7… — Landlord and Tenant | Gauhati HC (2021)

¶1

Page No.# 1/5

¶2

GAHC010160512021

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/5336/2021

¶5

SMTI. MAYA DE ROY AND 2 ORS W/O LATE DR. ARABINDA DE ROY, P/R/O HINDI SCHOOL ROAD, GOLAGHAT TOWN, P.O. AND DIST-GOLAGHAT, ASSAM, PIN-785621

¶6

2: AMITAVA DE ROY S/O LATE DR. ARABINDA DE ROY P/R/O HINDI SCHOOL ROAD GOLAGHAT TOWN P.O. AND DIST-GOLAGHAT ASSAM PIN-785621

¶7

3: DR. ABHIJIT DE ROY S/O LATE DR. ARABINDA DE ROY P/R/O HINDI SCHOOL ROAD GOLAGHAT TOWN P.O. AND DIST-GOLAGHAT ASSAM PIN-78562

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, URBAN DEVELOPMENT, DISPUR, GUWAHATI781006

¶10

2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-781006 3:DIRECTOR OF TOWN AND COUNTRY PLANNING ASSAM DISPUR

¶11

Page No.# 2/5

¶12

GUWAHATI-781006

¶13

4:DEPUTY COMMISSIONER GOLAGHAT P.O. AND DIST-GOLAGHAT ASSAM PIN-785621 5:ADDITIONAL DEPUTY COMMISSIONER GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 6:GOLAGHAT MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 7:EXECUTIVE OFFICER GOLAGHAT MUNICIPAL BOARD P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 8:UTTAM DAS S/O MANINDRA DAS R/O SANTIPUR WARD NO. 4 GOLAGHAT TOWN P.O. AND DIST-GOLAGHAT ASSAM PIN-78562

¶14

Advocate for the Petitioner : MR. M DUTTA

¶15

Advocate for the Respondent : GA, ASSAM

¶16

Page No.# 3/5

¶17

BEFORE

¶18

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶19

07/10/2021

¶20

Heard Mr. M Dutta, learned counsel for the petitioners and Mr. K Goswami, learned Additional Senior Government Advocate, Assam respondent Nos. 1 to 5.

¶21

It is contended by the petitioners that the respondent No. 8 is illegally constructing a building at Ward No. 4, Golaghat Town, District-Golaghat, adjacent to the house of the petitioners violating the sanctioned plan and layout, Zonal Regulation and Building Rules etc. under the provisions of the Assam Municipal Act, 1956 as well as the Assam Town and Country Planning Act, 1956 and also the Assam Notified Urban Areas (Other than Guwahati) Buildings Rules.

¶22

Through RTI, the petitioner came to know from the Golaghat Municipal Board, Golaghat that the respondent No. 8 though applied for Building Permission for his own plot of land bearing Dag No. 370 of Periodic Patta No. 636 at Ward No. 4, Golaghat Town, District - Golaghat, but one of his neighbours, namely, Smti. Meeta Dey Roy objected such permission granted to the respondent No. 8 in allowing him to make construction of building over the said land.

¶23

Accordingly, regarding such illegal construction by the respondent No. 8, the matter was placed before the Additional District Magistrate, Golaghat in a proceeding under Section 133 Cr.P.C. After perusal of the report of the Circle Officer, Golaghat and on finding that the respondent No. 8 constructed the said building without any prior permission from the Municipal Board, Golaghat and without following the relevant provisions of the Municipal Rules, the learned Additional District Magistrate, Golaghat by order dated 25.02.2021 passed in Misc. Case No. 02/2021 directed the said respondent No. 8 to demolish the said illegal/ unauthorized construction within 15 days from the date of receipt of the notice observing further that in default to comply with the said order by the respondent No. 8, the said building shall be removed by demolishing the illegal construction at the cost of the said

¶24

Page No.# 4/5

¶25

respondent.

¶26

By the said order dated 25.02.2021, the learned Additional District Magistrate, Golaghat also directed the Officer-in-Charge of Golaghat Police Station to submit the compliance report.

¶27

Against the said order of 25.02.2021, the respondent No. 8 preferred a revision petition being Criminal Revision No. 3/2021 before the learned Sessions Judge, Golaghat and the learned Sessions Judge, Golaghat by order dated 12.03.2021, in the interim, stayed the operation of the order dated 25.02.2021 passed by the learned Additional District Magistrate, Golaghat in said Misc. Case No. 02/2021 till disposal of the said revision petition.

¶28

In the said Misc. Case No. 02/2021 a proceeding under Section 133 Cr.P.C. was moved by one Smti. Meeta Dey Roy, who happens to be the wife of the petitioner No. 3.

¶29

In this writ petition, petitioner No. 1 is the wife of Late Arabinda De Roy and the petitioner Nos. 2 & 3 are the sons of said Arabinda De Roy and they have preferred this writ petition for a direction to the respondents in the Municipal Board for not taking any action to demolish the building of the respondent No. 8 which has been constructed without taking any prior permission from the Municipal Board.

¶30

As the matter with regard to the illegal construction of the building by the respondent No. 8, adjacent to the house of the petitioner is pending for adjudication before the learned Sessions Judge, Golaghat in Criminal Revision No. 03/2021, therefore, the prayer of the petitioners made in this petition for demolition or removal of the said illegal construction made by the respondent No. 8 over the plot of land bearing Dag No. 370 of Periodic Patta No. 636 at Ward No. 4, Golaghat Town, District-Golaghat, adjacent to the house of the petitioners cannot be considered in exercise of the writ jurisdiction conferred under Article 226 of the Constitution of India.

¶31

Accordingly, this writ petition, being devoid of merit, stands dismissed.

¶32

However, there shall not be any bar for the petitioners to file necessary application before the learned Sessions Judge, Golaghat in said Criminal Revision No. 3/2021, in

¶33

Page No.# 5/5

¶34

accordance with law or the concerned Municipal Board of Golaghat Municipality, Golaghat, after passing any such order by the learned Sessions Judge, Golaghat in said Criminal Revision No. 3/2021.

¶35

JUDGE

¶36

Comparing Assistant

Smti. Maya De Roy and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Smti. Maya De Roy and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manggali Munda @ Mongli Munda Vs the State of Assam and 4 Ors.

Bosir Uddin Ahmed Vs the State of Assam and 3 Ors.

Asiya Bibi Vs the State of Assam and 10 Ors.

Bokajan Truck Owners Association and Anr. Vs the State of Assam and 5 Ors.

Pritam Goswami Vs the State of Assam and 5 Ors.

Nilotpal Bora Vs the State of Assam and 5 Ors.