Mohan Chandra Baruah v. the State of Assam and Anr.
Case brief
What is this about?
This writ petition challenges a municipal order to demolish structures. The court found the order invalid because it was passed without the mandatory personal hearing directed in a prior order. The order was set aside, the sealing removed, and a fresh hearing directed.
What did the court decide?
Order dated 29.10.2021 set aside; sealing removed; respondent directed to serve notice for personal hearing and pass speaking order.
What the court decided
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GAHC010138832022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4631/2022
MOHAN CHANDRA BARUAH
S/O LATE MADHU BARUAH, R/O KALIPUR, A.T. ROAD, P.S.BHARALUMUKH, GUWAHATI- 781009, KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI - 6.
2:THE GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY THE COMMISSIONER PANBAZAR GUWAHATI-1 KAMRUP (M) ASSAM
Advocate for the Petitioner : MR. A SARMA
Advocate for the Respondent : SC, GDD
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Issues for consideration
2 issues framed by the court
Whether the order dated 29.10.2021 violating the direction for personal hearing can be upheld in absence of such hearing.
Whether setting aside the order without compellment of a fresh speaking order is required.
Parties & counsel
- petitioner
Mohan Chandra Baruah
- respondent
The State of Assam
- respondent
The Guwahati Municipal Corporation
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · August
- Registered
- Case no.
- WP(C)/4631/2022
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