Anowar Hussain v. the State of Assam and 4 Ors.
Case brief
What is this about?
Petitioner challenged an impugned Letter expanding mineral royalty rules to private housing constructions. The Court disposed of the writ petition, noting a related judgment set aside the Letter, and directed respondents not to insist on royalty payment for the petitioner's construction.
What did the court decide?
Direction to respondent nos. 4 and 5 not to insist upon payment of royalty upon the petitioner as a condition for granting permission to construction.
What the court decided
Page No.# 1/4
GAHC010232432024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5727/2024
ANOWAR HUSSAIN S/O LATE KUTUB ALI R/O HOUSE NO. 03, PRAGATI NAGAR, NOTBOMA, P.O. AND P.S. HATIGAON, DIST. KAMRUP (M), ASSAM PIN-781038
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-06.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6.
4:GUWAHATI MUNICIPAL CORPORATION
Issues for consideration
2 issues framed by the court
Whether the impugned Letter dated 02.03.2023 by the Mines and Minerals Department can be enforced to demand forest royalty from private individuals constructing houses.
Whether Urban Local Bodies can insist on payment of royalty as a condition for granting construction permission to private entities.
Parties & counsel
- petitioner
Anowar Hussain
- respondent
State of Assam
- respondent
Commissioner and Secretary to the Government of Assam, Forest and Environment Department
- respondent
Commissioner and Secretary to the Government of Assam, Mines and Minerals Department
- respondent
Guwahati Municipal Corporation
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · November
- Registered
- Case no.
- WP(C)/5727/2024
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