Disposed

Nijara Das v. the State of Assam and 8 Ors.

Gauhati HC21 Feb 2024I.A.(Civil)/328/2024

Case brief

AI extract

What is this about?

The single-judge bench disposed of an interlocutory application seeking correction to observations in a connected writ petition, clarifying that the building is a commercial structure on private land despite earlier residential remarks.

What did the court decide?

Correction of observations regarding the nature of the structure in the connected writ petition order dated 21.12.2023.

Nijara Das Vs the State of Assam and 8 Ors. — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010014272024

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

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Case No. : I.A.(Civil)/328/2024

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NIJARA DAS WIFE OF SRI APURBAJYOTI DAS, RESIDENT OF PUB JALUGUTI, P.O.- JALUGUTI, P.S.- MIKIRBHETA, DISTRICT- MORIGAON, ASSAM, PIN- 782104.

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6.

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3:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) ANANYA BHAWAN PANJABARI

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GUWAHATI- 37 ASSAM.

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4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ANANYA BHAWAN PANJABARI

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GUWAHATI- 37 ASSAM.

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5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-6. 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6.

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7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6. 8:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GMDA BUILDING BHANGAGARH GUWAHATI-5.

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9:THE TOWN PLANNER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-1

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Advocate for the Petitioner : MR B KAUSHIK

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Advocate for the Respondent :

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Linked Case : WP(C)/7511/2023

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NIJARA DAS WIFE OF SRI APURBAJYOTI DAS RESIDENT OF PUB JALUGUTI

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P.O.- JALUGUTI P.S.- MIKIRBHETA

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DISTRICT- MORIGAON ASSAM PIN- 782104.

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VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) ANANYA BHAWAN PANJABARI GUWAHATI- 37 ASSAM. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ANANYA BHAWAN PANJABARI GUWAHATI- 37 ASSAM. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-6. 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6. 7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6. 8:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GMDA BUILDING BHANGAGARH

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GUWAHATI-5. 9:THE TOWN PLANNER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-1.

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-----------Advocate for : MR B KAUSHIK Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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22.02.2024

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Heard Shri B. Kaushik, learned counsel for the applicant / writ petitioner, who by means of this application has sought for a modification / correction in the order dated 21.12.2023 passed in the connected Writ Petition WP(C)/7511/2023. Also heard Shri S. Borah, learned Standing Counsel, GMDA.

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By referring to the aforesaid order dated 21.12.2023, Shri Kaushik, the learned counsel has submitted that in the said order, there is an observation that the structure in question is not a commercial structure but is for residential purpose of the petitioner. He clarifies that the structure is indeed a commercial structure which however is being constructed on the private land of the petitioner and there is no involvement of any Government Department for the same.

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Shri Borah, the learned Standing Counsel submits that he would not oppose in principle to the clarification / correction.

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In view of the aforesaid submissions, the instant I.A. is disposed of by correcting the observations appearing in the aforesaid order dated 21.12.2023. Accordingly, the sentence “it is submitted on behalf of the petitioner that the building in question is not a commercial structure but is for the residential purpose of the

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petitioner” may be read as “it is submitted on behalf of the petitioner that though the building is a commercial structure, it is constructed on the private land of the petitioner”.

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The Interlocutory Application accordingly stands disposed of.

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The order passed today may be read as a part of the order dated 21.12.2023 passed in the writ petition.

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JUDGE

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Comparing Assistant

Nijara Das v. the State of Assam and 8 Ors.

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Nijara Das v. the State of Assam and 8 Ors.

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