Binod Hazarika v. the Guwahati Metropolitan Development Authority and 2 Ors.
Case brief
What is this about?
Binod Hazarika v. Guwahati Metropolitan Development Authority (GMDA), WP(C)/1835/2025, Gauhati High Court, order dated 07-04-2025 by Justice Arun Dev Choudhury (neutral citation 2025:GAU-AS:4244). Eviction proceeding under the Assam Public Premises (Eviction of Un-authorised Occupants) Act, 1971: Section 4(1) show cause notice dated 11.03.2025; alleged violation of Section 4(2)(b) minimum 10-day reply period (reply fixed 18.03.2025); Rule 5(2) PP Rules, 1980 — representation before the Estate Officer versus compulsory personal appearance on 20.03.2025. Outcome: recall of the earlier order for procedural irregularity, fresh determination before the Estate Officer, reply by 24.04.2025, hearing from 30.04.2025, lawyer representation allowed, completion within one month, petition disposed with parties bearing own costs.
What did the court decide?
Writ petition disposed of on consensus: the authority to recall the earlier order; petitioner to file reply to the show cause notice dated 11.03.2025 by 24.04.2025; matter to be fixed on 30.04.2025 and proceeded as per the Act 1971 and the Rules 1980, with the petitioner allowed lawyer representation; entire exercise to be completed within one month from 30.04.2025; parties to bear their own costs.