Disposed¶38

Hasmat Ali and Anr. v. the State of Assam and Ors.

Gauhati HC10 May 2026I.A.(Civil)/1352/2026

Case brief

AI extract

What is this about?

Gauhati High Court interlocutory order dated 11.05.2026 by Justice Kaushik Goswami in I.A.(Civil)/1352/2026 allowing impleadment of the Guwahati Metropolitan Development Authority (GMDA) as respondent No. 6 in W.P.(C) No. 4295/2025 (Hasmat Ali & Anr. v. State of Assam & Ors.); necessary and proper party; GMC's Integrated Project of Municipal Solid Waste Management; NOC from GMDA; Buffer Zone; Master Plan of Guwahati; developmental clearances; amended cause title; GMDA handed over land to GMC.

What did the court decide?

Impleading application allowed; the GMDA, represented by its Chief Executive Officer, impleaded as respondent No. 6 in W.P.(C) No. 4295/2025; amended cause title to be submitted before the Registry. ¶38

Hasmat Ali and Anr. Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impleading application allowed; the GMDA, represented by its Chief Executive Officer, impleaded as respondent No. 6 in W.P.(C) No. 4295/2025; amended cause title to be submitted before the Registry.

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Issue for consideration

Whether the Guwahati Metropolitan Development Authority (GMDA) should be impleaded as respondent No. 6 in W.P.(C) No. 4295/2025 as a necessary and proper party for effective adjudication of the writ.

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Court's answer

Reading the applicants' submissions, the Court held it imperative that, for effective adjudication of the writ in hand, the presence of the GMDA is essential.

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Ratio / Principle

In the interest of justice, the Court deemed it appropriate to allow the impleading application.

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Key takeaways

The Guwahati Metropolitan Development Authority (GMDA), represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam, stands impleaded as respondent No. 6 in W.P.(C) No. 4295/2025.ratio¶36
The Court directed that an amended cause title be submitted before the Registry of the Court.ratio¶37

Detailed headnote1 paragraphs

The Gauhati High Court (Kaushik Goswami, J.), order dated 11.05.2026 in I.A.(Civil)/1352/2026, connected with W.P.(C) No. 4295/2025 (Hasmat Ali & Anr. v. The State of Assam & Ors.): Allowed the writ petitioners' impleadment application. Holding that, for effective adjudication of the writ — which concerns the alleged conversion of the applicants' private land into a site for the 'Integrated Project of Municipal Solid Waste Management' being executed by the GMC, and the questions of adherence to the Master Plan of Guwahati and requisite developmental clearances raised in the petition — the presence of the Guwahati Metropolitan Development Authority (GMDA) is essential, the Court impleaded the GMDA, represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam, as respondent No. 6, directed submission of an amended cause title before the Registry, and disposed of the interlocutory application.

Page No.# 1/4

GAHC010083062026

undefined

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

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Case No. : I.A.(Civil)/1352/2026

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HASMAT ALI AND ANR

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S/O LATE DHARAMSA SEKH, R/O VILL- NORTH JALUKBARI, DHARAMSA PATH, GUWAHATI-781014, P.O.- GAUHATI UNIVERSITY, P.S.- JALUKBARI, DIST- KAMRUP (M), ASSAM

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2: SUFIYA KHATUN W/O FIROZ KHAN R/O HOUSE NO. 11 SHUBHESWARI DAS PATH AHOMGAON GUWAHATI-781035 NEAR AYURSUNDRA SUPER SPECIALTY HOSPITAL P.O.- GARCHUK P.S.- GARCHUK KAMRUP (M) ASSA

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VERSUS

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THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, DISPUR SECRETARIATE, GUWAHATI-781006, KAMRUP (M), ASSAM

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2:THE DISTRICT COMMISSIONER KAMRUP (M) OFFICE OF THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT LICHUBAGAN HENGRABARI GUWAHATI-781006 KAMRUP (M) ASSAM

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3:THE CIRCLE OFFICER

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GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007 ASSAM

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4:GUWAHATI MUNICIPAL CORPORATION (GMC) REPRESENTED BY THE COMMISSIONER GMC GMDA BUILDING BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM

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5:THE MEMBER SECRETARY LAND ACQUISITION/PURCHASE COMMITTEE GUWAHATI MUNICIPAL CORPORATION (GMC) OFFICE OF THE COMMISSIONER GMC GMDA BUILDING BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM 6:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA) REP. BY ITS CHIEF EXECUTIVE OFFICER STATFED BUILDING BHANGAGARH GUWAHATI 781005 KAMRUP M ASSA

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Advocate for the Petitioner : MR. J AHMED, MR. P A AHMED

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

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BEFORE

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HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 11.05.2026

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Heard Mr. J. Ahmed, learned counsel appearing for the applicant. Also heard Ms. M. Barman, learned Government Advocate, appearing

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for the respondent Nos. 2 and 3.

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2. By way of this application, the applicants are seeking impleadment of the Guwahati Metropolitan Development Authority (GMDA) as proposed respondent No. 6 in the connected WP(C) No. 4295/2025.

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3. It is the specific case of the applicants that the land in question falls within the Guwahati Metropolitan Area, and No Objection Certificate (NOC) was previously obtained from the GMDA for the transfer/sale of the said land. The relevant paragraphs of the application read as under: -

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“ 2. THAT the Applicants state that the land in question falls within the Guwahati Metropolitan Area, and as per Paragraph 5 of the Writ Petition, a No Objection Certificate (NOC) was previously obtained from the Guwahati Metropolitan Development Authority (GMDA) for the transfer/sale of the said land.

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3. THAT the Respondent No. 4 (GMC) is currently executing an ‘Integrated Project of Municipal Solid Waste Management’ on the said land. Since the GMDA is the primary planning and developmental authority for the city of Guwahati, any permanent construction, land use change, or "Buffer Zone" creation as alleged in the Writ Petition falls under the regulatory oversight and master planning of the GMDA.

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4. THAT the GMDA handed over the Applicant's land to GUWAHATI MUNICIPAL CORPORATION (GMC), represented by the Commissioner GMC, GMDA Building, Bhangagarh, Guwahati781005, Kamrup (Metro), Assam for "Integrated Project of Municipal Solid Waste Management". The Applicants/Petitioners have realized that for a final and effective adjudication of the dispute regarding land usage and the legality of the project site, the presence of the GMDA is indispensable. The GMDA is a necessary and proper party to these proceedings to clarify the status of the land and the permissions granted for the said project.

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5. THAT if the GMDA is not impleaded, the Hon'ble Court may not be able to effectively determine whether the project adheres to the Master Plan of Guwahati and whether the conversion of the petitioners' private land into a waste processing site has the requisite developmental clearances.

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6. THAT the proposed Respondent to be impleaded is:

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6) THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA), Represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam.”

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4. Reading the above, it is imperative that for effective adjudication of the writ in hand, the presence of the GMDA is essential for effective adjudication of the matter.

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5. That being so, this court in the interest of justice, deems appropriate to allow the impleading application. As such, the Guwahati Metropolitan Development Authority (GMDA), represented by its Chief Executive Officer, Statfed Building, Bhangagarh, Guwahati-781005, Kamrup (Metro), Assam, is impleaded as respondent No. 6 in W.P(C) No. 4295/2025.

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6. Let an amended cause title be submitted before the Registry of this Court.

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7. The interlocutory application is accordingly disposed of.

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JUDGE

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Comparing Assistant

Hasmat Ali and Anr. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Hasmat Ali and Anr. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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