Disposed

Pradip Hazarika v. the State of Assam and 4 Ors.

Gauhati HC10 Mar 2025WP(C)/3993/2023

Case brief

AI extract

What is this about?

Petitioner sought direction against the Guwahati Municipal Corporation for inaction on a notice issued for demolition of illegal construction. The GMC undertook to conclude the proceeding under the Guwahati Municipal Act and Building Bye-Laws. The writ petition was closed with liberty to the Corporation.

What did the court decide?

Writ petition closed with liberty to the GMC to conclude proceedings on the notice dated 24.05.2023 following due procedure.

Pradip Hazarika Vs the State of Assam and 4 Ors. — Municipal and Town Planning | Gauhati HC (2025)

Page No.# 1/3

GAHC010275502024

2025:GAU-AS:2589

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

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Case No. : WP(C)/3993/2023

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PRADIP HAZARIKA S/O LATE BANESWAR HAZARIKA R/O CHATRIBARI BILPAR P.O.-REHABARI P.S.-PALTANBAZAR GUWAHATI-781008 DIST-KAMRUP METRO

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-06 ASSAM 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005

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3:THE COMMISSIONER GAUHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001

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4:APURBA KUMAR HAZARIKA S/O LATE BANESWAR HAZARIKA R/O CHATRIBARI

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BILPAR P.O.-REHABARI P.S.-PALTANBAZAR GUWAHATI-781008 DIST- KAMRUP METRO 5:RANJIT KUMAR HAZARIKA S/O- LT. BANESWAR HAZARIKA R/O- CHATRIBARI BILPAR P.O.- REHABARI P.S.- PALTANBAZAR GUWAHATI- 781008 DIST.- KAMRUP (M). -----------Advocate for : MR. D BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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11.03.2025

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Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Standing Counsel, GMC & GMDA representing the respondents and Mr. S. Muktar, learned counsel for the respondent Nos. 4 and 5.

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The present writ petition is filed alleging inaction on the part of the respondent GMC.

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It is the case of the petitioner that though a notice dated 24.05.2023 under Section 337(1)(2) of the Guwahati Municipal Corporation Act, 1971 was issued to the respondent No. 4 to demolish the illegal construction (Annexure-11), however, the GMC is not taking any action on the basis of such notice.

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Mr. Nayak, learned Standing Counsel for the GMC & GMDA on the other

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Page No.# 3/3

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hand submits that the GMC is duty bound to proceed as per paw and in terms of the Guwahati Municipal Act, 1971 and the Guwahati Building Construction (Regulation) Bye-Laws, 2014.

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According to Mr. Nayak, learned Standing Counsel, the Municipal authority has already issued notice and it will bring the procedure to its logical conclusion and they are not proceeding for the pendency of this writ petition.

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In view of the aforesaid, there should not be any grievance of the petitioner that the Guwahati Municipal Corporation is not acting on the notice dated 24.05.2023.

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Accordingly, this writ petition stands closed with a liberty to the Guwahati Municipal Corporation to bring the proceeding initiated by notice dated 24.05.2023 (Annexure-11) to its logical conclusion by following due procedure as prescribed under the Guwahati Municipal Act, 1971 and the Guwahati Building Construction (Regulation) Bye-Laws, 2014 framed thereunder.

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With the aforesaid, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Pradip Hazarika v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Pradip Hazarika v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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