Chittaranjan Mukherjee Vs the State of Assam and 4 Ors.

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GAHC010082202025

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2026:GAU-AS:9660

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

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Case No. : WP(C)/2589/2025

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CHITTARANJAN MUKHERJEE

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S/O LATE SAMAR KUMAR MUKHERJEE, R/O HOUSE NO. 16, 1ST FLOOR, DHARMA SARMA PATH, BIRUBARI, P.O.- GOPINATH BAGAR, P.S.PALTANBAZAR, GUWAHATI-16, KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY THE CHIEF EXECUTIVE OFFICER BHANGAGARH GUWAHATI-781005 DIST- KAMRUP (M) ASSAM

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3:THE SECRETARY GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005 DIST- KAMRUP (M) ASSAM

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4:PRADIP RANGSHA S/O LATE PRABIN RANGSHA R/O HOUSE NO. 16 DHARMA SARMA PATH BIRUBARI P.O.- GOPINATH NAGAR P.S.- PALTANBAZAR GUWAHATI-16 KAMRUP (M) ASSAM

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5:BINKY RANSHA YEM

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S/O SRI JAMES YEM R/O HOUSE NO. 9A JOYANAGAR JOYA PATH BIRUBARI GOPINATH NAGAR GUWAHATI-781016 DIST- KAMRUP (M) ASSAM

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Advocate for the Petitioner : MR U DAS, MR. S SAIKIA Advocate for the Respondent : SC, G M D A, GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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JUDGMENT & ORDER

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15.07.2026

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Heard Mr. S. Saikia, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 1; and Mr. S. Bora, learned Standing Counsel, Guwahati Metropolitan Development Authority [GMDA] for the respondent nos. 2 & 3.

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As per Order dated 03.06.2026 of the Lawazima Court, notice has been duly served upon the respondent no. 4 and the respondent no. 5. Despite service of notice, none has appeared for the respondent nos. 4 & 5.

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In this writ petition under Article 226 of the Constitution of India, the petitioner has assailed an Order bearing No. eCF No. 517123/3 dated 27.01.2025 passed by the Chief Executive Officer, GMDA [the respondent no. 2].

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The petitioner has projected that the Order dated 27.01.2025 was served upon the builder/developer and the owner of the land where the alleged RCC [G+2] Building has been constructed. The petitioner has stated that he is a resident/owner of an apartment, measuring 985.08 sq. ft. [super built-up area] at the first floor of the said RCC [G+2] Building, situated on a plot of land measuring 1 Katha 10 Lessas, covered by Dag no. 327 &

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Periodic Patta no. 831 at Revenue Village – Ulubari, Mouza – Ulubari, District – Kamrup [M].

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Both Mr. Saikia, learned counsel for the petitioner and Mr. Bora, learned Standing Counsel, GMDA have submitted that another writ petition, W.P.[C] no. 2591/2025, involving similar issues and pertaining to the same RCC [G+2] Building, was preferred by another resident/owner of an apartment like the present petitioner. They have submitted that the said writ petition has been disposed of by an Order dated 17.06.2026 by a Co-Ordinate Bench of this Court having regard to the facts that certain disputed questions of facts would fall for adjudication and there is a provision for an appellate remedy under the GMDA Act, 1985 and the writ petition has not been entertained. While not entertaining the writ petition, the CoOrdinate Bench has observed that non-entertaining of the writ petition would not preclude the petitioner therein from availing the remedy of appeal under the GMDA Act, 1985 before the Appellate Authority. It has also been observed that if the petitioner would file an appeal within a period of thirty days from 17.06.2026, the same shall be disposed of by the Appellate Authority on merits without insisting upon the question of limitation.

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On perusal of the provisions of the GMDA Act, 1985, it is found that the petitioner has a statutory remedy of filing an appeal against the Order dated 27.01.2025.

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Chapter VIII of the GMDA Act under the heading – ‘Appeals and the Appellate Authority’, contains Section 71, Section 72 and Section 73. For ready reference, Sections 71, 72 & 73 are quoted hereinbelow :-

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71. Appointment of appellate authority :

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[1] Save as otherwise provided, the State Government shall appoint an appellate authority to hear all appeals arising out of the provisions of this Act. The decision of appellate authority shall be final.

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[2] The person or persons appointed by the State Government as appellate authority shall have the qualification of a District Judge, or of becoming a member of the Assam Board of

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Revenue constituted under the Assam Boards of Revenue Act, 1962 [Assam Act XXI of 1962]. The appointment shall be on such terms and conditions as the State Government may decide.

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72. Duties of the appellate authority :

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[1] The duties and powers of the appellate authority shall be as follows :

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[a] to hear and decide appeals against the orders of the authority;

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[b] to decide and hear appeals in respect of such other matters and exercise such other powers as may be entrusted to and conferred upon it by the State Government in accordance with the provisions of this Act.

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[2] All appeals to the appellate authority shall be filed within a month from the date of the order appealed against. The time required for taking out copies of the order shall be excluded. The appellate authority may, however, in its discretion condone such delay in filing appeal for sufficient reasons.

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73. Procedure of working of the appellate authority :

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[1] The appellate authority shall conduct its proceedings in the prescribed manner after giving the opposite party or anyone interested in the order appealed against and give opportunity of being heard.

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[2] The appellate authority may, at any time, call for any extract from any proceeding of the State Government or authority and call for any return or statement or report concerning or connected with any matter with which the authority has been authorised to deal.

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[3] The appellate authority shall have all the powers of a Civil Court for the purposes of taking evidence on oath or enforcing the attendance of witnesses including the parties interested or any of them and compelling the production of documents and material object if considered necessary.

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[4] The appellate authority in its discretion may make any orders regarding the cost to be paid

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by any of the parties to the proceeding and the appellate authority shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and the authority shall be bound to execute the orders of the appellate authority in accordance with the directions, if any, contained in the order and such costs or amounts awarded by the appellate authority shall be realised as arrears of land revenue.

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By a Notification bearing no. GDD.49/94/Pt/44 dated 22.08.1996 issued under Section 71[2] of the GMDA Act, 1985, the State Government with the approval of the Gauhati High Court, had designated the District & Sessions Judge, Kamrup, Guwahati as an Appellate Authority to decide appeals as the provisions of the GMDA Act.

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As per sub-section [2] of Section 72 of the GMDA Act, an appeal is to be preferred within a month from the date of the order appealed against. In the case in hand, a period of limitation to prefer an appeal against the Order dated 27.01.2025 has already expired. The Appellate Authority has also been vested with the jurisdiction to condone any delay in filing an appeal.

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The learned counsel for the petitioner has expressed that the petitioner intends to avail the statutory remedy under the GMDA Act as the Appellate Authority has been vested with all the powers of a civil court for the purposes of taking evidence on oath or enforcing the attendance of witnesses including the parties interested or any of them and compelling the production of documents and material object, if considered necessary, part from the power to condone any delay.

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As from the projections made in the writ petition, it is evident that a number of questions of facts would require determination, for which a writ petition is not the appropriate and proper remedy. Moreover, a similarly situated person has already been directed to avail the appellate remedy. In the above obtaining facts and circumstances, the writ petition is not entertained in view of availability of an adequate statutory remedy of appeal.

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It is observed that if the petitioner files an appeal within a period of thirty days from the date of this order, the appeal shall be entertained by the Appellate Authority without insisting upon the question of Limitation and thereafter, shall proceed to decide the appeal on merits.

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As the Order dated 27.01.2025 speaks about the demolition or sealing of the alleged unauthorized construction of the RCC Building and the Order dated 27.01.2025 has been kept in abeyance, as an interim measure, by an interim order dated 16.05.2025, this Court in the interest of justice and for balancing the equities, observes that the respondent GMDA authorities shall not give effect to the Order dated 27.01.2025 for a period of one month from today so as to enable the petitioner to avail the appellate remedy, as otherwise if any action is taken in terms of the Order dated 27.01.2025 by the respondent GMDA authorities within a period of one month, the appeal to be preferred by the petitioner would automatically be rendered infructuous. Therefore, this Court directs that the interim order dated 16.05.2025 passed in the instant writ petition earlier, shall continue to remain in operation for a period of one month from today.

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In the event the petitioner prefers an appeal before the Appellate Authority within a period of one month from today, the Appellate Authority shall decide the appeal on its own merits and in accordance with law. If the petitioner as the appellant seeks any interim relief, it will be within the discretion of the Appellate Authority to decide on the interim prayer also on its own merits and in accordance with law.

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Comparing Assistant

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Digitally signed by Rupam Basumatary Date: 2026.07.15 18:38:19 +05'30'

Chittaranjan Mukherjee v. the State of Assam and 4 Ors.

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Chittaranjan Mukherjee v. the State of Assam and 4 Ors.

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