Krishna Chandra Das and 2 Ors v. Gauhati Municipal Corporation and Anr

ORDER Date : 20.11.2024

Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the Petitioner and Mr. S. Borah, the learned Standing counsel appearing on behalf of the GMC.

¶2The Petitioners herein have approached this Court assailing the notice dated 29.10.2024 issued by the Commissioner, Guwahati Municipal Corporation pursuant to the leave granted to the Petitioners in the order dated 13.11.2024 passed in I.A.(Civil) No.3373/2024 arising out of WP(C) No.2790/2024.

¶3From the materials on record, it transpires that the Petitioners were initially issued a notice on 13.05.2024 by the Assistant Town Planner asking the Petitioners to produce the NOC. The Petitioners challenging the jurisdiction of the Assistant Town Planner had filed the writ petition being WP(C) No.2790/2024. During the pendency of the writ petition, the Page No.# 3/4 Petitioners obtained No Objection Certificate for construction on

07.10.2024.

¶4Be that as it may, without taking notice of this permission obtained on 07.10.2024, a notice was issued on 29.10.2024 on the ground that the Petitioners failed to submit any No Objection Certificate as well as the approved plan pursuant to the letter dated 13.05.2024. It is further seen that the Petitioners had submitted a reply on 04.11.2024 stating inter alia that the Petitioners now have the permission dated 07.10.2024.

¶5In addition to that, it is the specific case of the Petitioners that in view of Section 337(4) of the Guwahati Municipal Corporation Act, 1971 (for short the "Act of 1971"), the proceedings under Section 337 of the Act of 1971 cannot be initiated inasmuch as the Petitioners have a No Objection Certificate as well as the approved plan. This aspect was brought to the notice of the Commissioner, GMC vide the reply on

04.11.2024. It is seen that the Commissioner, GMC is yet to decide the said proceedings.

¶6Mr. S. Chamaria, the learned counsel appearing on behalf of the Petitioners submitted that the Petitioners taking into consideration the manner in which the GMC Authorities are after the Petitioners, an apprehension has arisen that on any day, an order would be passed under Section 337(3) of the Act of 1971 and thereupon, the Petitioners' building would be demolished. He further submitted that the Petitioners should be afforded a personal hearing before passing such order.

¶7Mr. S. Borah, the learned Standing counsel for the GMC Authorities submitted that the Commissioner, GMC have not passed any order Page No.# 4/4 pursuant to the reply submitted on 04.11.2024. He submitted that at this stage, the question of interference by this Court ought not to be made taking into account that the matter is still pending before the Commissioner, GMC. He further submitted that the Commissioner, GMC shall consider the reply submitted by the Petitioners on 04.11.2024 in accordance with law.

¶8Taking into account the above submissions, this Court is of the opinion that as the Commissioner, GMC is still seized with the matter, it would not be proper on the part of this Court to entertain the writ proceedings at this stage. However, this Court cannot also be unmindful of the apprehension of the Petitioners.

¶9Accordingly, this Court disposes of the instant writ petition at the motion stage itself with the following observations and directions.

(i) The Commissioner, GMC shall afford an opportunity of hearing to the Petitioners by fixing particular date and time before passing any orders pursuant to the notice dated 29.10.2024.

(ii) This Court further taking into account the recent judgment of the Supreme Court in the case of In Re: Directions in the matter of Demolition of structures reported in 2024 SCC OnLine SC 3291, directs that for a period of 15 days from the date of service of the order upon the Petitioners, no actions be taken, if any order is passed under Section 337(3) of the Act of 1971.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010244812024 ooooooo 2024:GAU-AS:11542 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6106/2024o KRISHNAoCHANDRAoDASoANDo2oORSo S/O-oMALIoRAMoDAS,o R/O-oSATIoJAYMATIoROAD,oH.NO-05,oOPP.oGOI-BUILDING,oATHGAON,o GUWAHATI,oPIN-781001,oDIST-oKAMRUPo(M),oASSAM 2:oRAMoCHANDRAoDAS oS/O-oMALIoRAMoDAS o R/O-oSATIoJAYMATIoROAD oH.NO-05 oOPP.oGOI-BUILDING oATHGAON oGUWAHATI oPIN-781001 oDIST-oKAMRUPo(M) oASSAM 3:oGOPALoCHANDRAoDAS oS/O-oMALIoRAMoDAS o R/O-oSATIoJAYMATIoROAD oH.NO-05 oOPP.oGOI-BUILDING oATHGAON oGUWAHATI oPIN-781001 oDIST-oKAMRUPo(M) oASSAo VERSUSo GAUHATIoMUNICIPALoCORPORATIONoANDoANRo REP.oBYoTHEoCOMMISSIONER,oO/OoTHEoGAUHATIoMUNICIPALo CORPORATION,oGANESHoMANDIRo Page No.# 2/4 GANESHGURI, GUWAHATI-06, KAMRUP(M), ASSAM 2:ASSISTANT TOWN PLANNER GAUHATI MUNICIPAL CORPORATION O/O THE GAUHATI MUNICIPAL CORPORATION PLANNING BRANCHGANESH MANDIR GANESHGURI GUWAHATI-06 KAMRUP(M) ASSA For the Petitioner(s) : Mr. S. Chamaria, Advocate For the Respondent(s) : Mr. S. Bora, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH