Smti Swapna Acharjee and Anr. v. the State of Assam and Ors.

Gauhati HC13 May 2025WP(C)/2453/2025

Case brief

AI extract

What is this about?

WP(C)/2453/2025; Gauhati High Court; neutral citation 2025:GAU-AS:5895; decided 14.05.2025 by Michael Zothankhuma, J.; writ petition disposed of with consent; direction to Commissioner, Gauhati Municipal Corporation to decide representation dated 20.03.2025 within one month; allegation of construction beyond sanctioned G+2 building without permission of petitioners and GMC; builder/respondent No.6 Sri Gautam Basu, M/s. Sai Construction; opportunity of hearing to respondent No.6; no costs, no amounts.

What did the court decide?

Direction to the Commissioner, GMC or his representative to take a decision on the petitioners' representation dated 20.03.2025 within one month from receipt of a certified copy of the order along with a copy of the writ petition, after giving an opportunity of hearing to respondent No.6. ¶¶26

Smti Swapna Acharjee and Anr. Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010091952025

2025:GAU-AS:5895

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

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Case No. : WP(C)/2453/2025

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SMTI SWAPNA ACHARJEE AND ANR W/O- LATE TARA PRASAD ACHARJEE. R/O- H.NO-58, BORTHAKUR MILL ROAD, ULUBARI, DIST.- KAMRUP(M), ASSAM.

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2: SIDDHARTHA ACHARJEE S/O- LATE TARA PRASAD ACHARJEE. R/O- H.NO-58 BORTHAKUR MILL ROAD ULUBARI DIST.- KAMRUP(M) ASSAM

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VERSUS

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THE STATE OF ASSAM AND ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, GUWAHATI-06, ASSAM

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2:THE DIRECTOR TOWN AND COUNTRY PLANNING DISPUR GUWAHATI-6

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3:THE DISTRICT COMMISSIONER KAMRUP METRO

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4:THE COMMISSIONER GAUHATI MUNICIPAL CORPORATION GUWAHATI GANESH MANDIR DISPUR GUWAHATI-781006.

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5:THE ASSOCIATE PLANNER GUWAHATI MUNICIPAL CORPORATION GUWAHATI DISPUR GUWAHATI-6 6:SRI GAUTAM BASU S/O- LATE SUNIL KUMAR BASU. SOLE PROPRIETOR OF M/S. SAI CONSTRUCTION HAVING ITS REGISTERED OFFICE AT HOUSE NO.47 GUHA COMPLEX GS ROAD ULUBARI P.O- GUWAHATI 781007 DIST.- KAMRUP(M) ASSAM. PERMANENT RESIDENTIAL ADDRESS OF THE DEFENDANT AT BORTHAKUR MILL ROAD H.NO-71 NEAR MATRI MANDIR ULUBARI GUWAHATI-781007 ASSAM

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Advocate for the Petitioner : MR. S P CHOUDHURY, MS. M. BORA,MS B DEVI

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Advocate for the Respondent : GA, ASSAM, SC, GMC

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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14.05.2025

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Heard Mr. S.P. Choudhury, learned counsel for the petitioners, who submits that the petitioners entered into an agreement with the builder, i.e., the respondent No.6 for developing the petitioners’ land. The agreement provided that the builder would construct a building being G+2. However, the respondent

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No.6 has now started construction beyond the 3^rd floor without the permission of the petitioners and the GMC. He submits that despite the petitioners having submitted a representation dated 20.03.2025 to the Commissioner, GMC, the GMC Commissioner has not taken a decision on the same till date. He accordingly prays that a direction be issued to the Commissioner, GMC to take a decision on the petitioners’ representation, within a specified time period.

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Mr. R. Talukdar, learned counsel appearing for the respondent Nos.1, 2 & 3 and Mr. S. Bora, learned counsel for the respondent Nos.4 & 5 submit that they do not have any objection to the prayer made by the petitioners’ counsel.

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In view of the consent of the parties, this writ petition is disposed of, with a direction to the Commissioner, GMC or his representative to take a decision on the petitioners’ representation dated 20.03.2025, within a period of 1(one) month from the date of receipt of a certified copy of this order along with a copy of the writ petition. The Commissioner, GMC (respondent No.4) or his representative shall give an opportunity of hearing to the respondent No.6, prior to taking a decision on the petitioners’ representation dated 20.03.2025.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Smti Swapna Acharjee and Anr. v. the State of Assam and Ors.

Case brief

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Smti Swapna Acharjee and Anr. v. the State of Assam and Ors.

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