Disposed

A P Builders and 2 Ors. v. the State of Assam and 6 Ors.

Gauhati HC5 Aug 2025WP(C)/3440/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a royalty demand for constructing a building, holding that the issue was squarely covered by a prior judgment in Amar Deka. The court directed respondents to process the No Objection Certificate without insisting on royalty payment.

What did the court decide?

Direction to respondents to process issuance of No Objection Certificate in accordance with law without insisting upon payment of royalty.

A P Builders and 2 Ors. Vs the State of Assam and 6 Ors. — Landlord and Tenant | Gauhati HC (2025)

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GAHC010052112024

2025:GAU-AS:10202

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

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Case No. : WP(C)/1488/2024

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BHOGESWAR SAIKIA

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S/O- TUNIRAM SAIKIA, R/O- ZOO ROAD TINIALI, NEAR USHA COURT, BHASKAR NAGAR, HOUSE NO.20, P.O. SILPUKHURI, P.S. CHANDMARI, GUWAHATI-03, THE DISTRICT OF KAMRUP (M), ASSAM

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VERSUS

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

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE /ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) ANANYA BHAWAN PANJABARI GUWAHATI-37 ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-6

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5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

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Page No.# 2/6

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MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-06 6:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6 7:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION BUILDING UZANBAZAR GUWAHATI-01 8:THE TOWN PLANNER GUWAHATI MUNICIPAL CORPORATION UZANBAZAR GUWAHATI-01 9:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY GUWAHATI-05 BHANGAGARH ASSA

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Advocate for the Petitioner : MR. I C DEKA,

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

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Linked Case : WP(C)/3440/2024

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A P BUILDERS AND 2 ORS REP. BY ITS PROPRIETOR ASHOK PAUL CHOUDHURY

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ADDRESSDHIRENPARA P.O AND P.S- FATASHIL AMBARI GUWAHATI-25

DIST- KAMRUP (M)

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ASSAM

2: ASHOK PAUL CHOUDHURY S/O - ANIL CHOUDHURY R/O-DHIRENPARA ATILA P.O AND P.S- FATASHIL AMBARI GUWAHATI-25 DIST- KAMRUP (M) ASSAM

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3: DILIP CHANDRA KALITA S/O- LATE AMRIT CH. KALITA R/O- H.NO-27 HENGRABARI NEAR PHE COMPLEX

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P.S DISPUR

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GUWAHATI-06 DIST- KAMRUP (M) ASSAM VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI- 37 ASSAM.

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

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4:THE COMMISSIONER AND SECRETARY

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TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6. 5:THE JOINT SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-6. 6:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-01 7:THE COMMISSIONER

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GMDA BHANGAGARH GUWAHATI-05 ASSAM -----------Advocate for : MR. I CHOUDHURY Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date: 06.08.2025

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Heard Mr. R. L. Chutia, learned counsel appearing for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department, representing the respondent nos. 1 & 2 and Mr. P. Nayak, learned Addl. Advocate General, Assam, representing the respondent nos. 3, 6 & 7 as well as Mr. B. J. Talukdar, learned Senior Counsel, representing the respondent no. 5.

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2. The petitioner herein has approached this Court challenging the communication

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Page No.# 5/6

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dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department, Dispur to the Commissioner & Secretary to the Government of Assam, Housing & Urban Affairs Department as well as the directions issued by the respondent Nos. 6 & 7 for deposit of an amount on account of royalty on the basis of the impugned communication dated 02.03.2023.

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3. The learned counsel appearing on behalf of the petitioner submits that the petitioner herein contemplates to construct a multistoried RCC building over the plot of land belonging to the petitioner no. 3 and the issue involved in the present proceedings is directly covered by the judgment of this Court dated 24.09.2024 in the case of Amar Deka & Another Vs The State of Assam & 6 Others , reported in (2024) SCC OnLine Gau 1615 .

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4. This Court has duly taken note of the judgment passed by this Court in the case of Amar Deka & Another (supra) and the issue involved in the present proceedings appears to be squarely covered by the judgment of this Court in the case of Amar Deka & Another (supra) . It is further relevant to take note that in the case of Amar Deka & Another (supra) , this Court had already set aside and quashed the communication dated 02.03.2023 which has been impugned in the instant proceedings.

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5. Consequently, there is no requirement for further quashing the impugned communication which already stands set aside and quashed in view of the judgment of this Court in the case of Amar Deka & Another (supra) .

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6. This Court further directs the respondent Nos. 6 & 7 not to insist upon payment of royalty on the basis of the impugned communication dated 02.03.2023 and further directs the said respondent Nos. 6 & 7 to process the issuance of the No Objection Certificate in accordance with law in terms with the above observations.

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7. With the above, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

A P Builders and 2 Ors. v. the State of Assam and 6 Ors.

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A P Builders and 2 Ors. v. the State of Assam and 6 Ors.

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