Susmita Das (Ray) v. The State of Assam and 7 Ors

O R D E R

01.05.2024.

Heard Mr. A.K. Hannan, learned counsel appearing on behalf of Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department appearing for the respondent Nos.1 & 2, Mr. S. Baruah, learned Government Advocate, Assam appearing for the respondent Nos.3 & 4 and Mr. S. Dutta, learned Senior Counsel assisted by Ms. S. Mochahari, learned counsel for the respondent Nos.5, 6 & 7. None appears for the respondent No.8.

¶2By filing this petition, the petitioner has prayed for a direction to the respondent authorities, particularly the respondent Nos.5, 6 & 7 i.e. the Silchar Municipal Board and its officials to carry out the order dated 13.04.2021, passed by the respondent No.5 to demolish the unauthorized and illegal structure of Page No.# 3/5 building of respondent No.8, located at Dag No.934, 1, 2nd R.S. Patta No.376, 1, Mouza – Ambikapur, Pt-X/ Kanakpur Pt-I. Ward No.16, Lane No.13, 1st Link Road, Silchar.

¶3The case of the petitioner is that she has been residing along with her husband in House No.15, Lane-13, Link Road, Silchar, Assam. The respondent No.8 who is residing adjacent to the petitioner's house has encroached the petitioner's portion of land holding, without maintaining proper setback and against the violation of the permission order by the Municipal Authority and has constructed a building unauthorisedly, located at Dag No.934, 1, 2nd R.S. Patta No.376, 1, Mouza – Ambikapur, Pt-X/ Kanakpur Pt-I. Ward No.16, Lane No.13, 1st Link Road, Silchar.

¶4The petitioner filed a complaint before the Silchar Municipal Board vide Case No.481/2020, against such illegal construction. Accordingly, the respondent No.5, vide order dated 02.01.2021, directed the respondent No.8 to rectify the construction of his building as per condition of building permission and to construct boundary wall within fifteen days. As the respondent No.8 defied the order, another order dated 22.02.2021 was passed directing the respondent No.8 to remove the excess portion of the construction and finally on

10.03.2021, a letter was issued for sealing of the building of the respondent No.8 and prohibited any construction within the sealed premises. Despite such notices and letters by the concerned authority, the respondent No.8 has continued his construction unauthorizedly, against which the learned Executive Magistrate, vide order dated 13.04.2021 has informed the respondent No.8 that the competent authority would undertake demolition of unauthorized structure of building of the respondent No.8, on 17.04.2021 and to vacate the premises. Page No.# 4/5

¶5The respondent No.8 had filed the Municipal Appeal being MA No.03/2021, which was dismissed by the Appellate Authority vide order dated 08.12.2021 and upheld the order dated 13.04.2021, issued by the respondent No.5.

¶6It is the simple prayer of the petitioner that despite such orders, the respondent authorities, particularly, the Silchar Municipal Board are not initiating any action against the respondent No.8 and therefore, the petitioner prays for a direction to take action against the respondent No.8, as per the orders (supra).

¶7Mr. S. Dutta, learned Senior Counsel for the respondent Nos.5, 6 & 7, while referring to the order passed by the respondents submits that the consequential action has been initiated in accordance with the law. Mr. Dutta further submits that only because of this Court's order dated 20.06.2022, whereby this Court had observed that the Silchar Municipal Board shall ensure that the respondent No.8 does not carry out any further construction in the building and due to pendency of the Writ Petition, further action could not be initiated.

¶8Due consideration has been given.

¶9Considering the nature of grievance raised which is for initiation of action as per the above orders as well as applicable Acts and Rules and that the respondent No.8 has admittedly constructed his building unauthorisedly and the submissions of learned Senior Counsel for the Silchar Municipal Board, I am of the considered view that no useful purpose will be served by keeping the matter pending, as no issue is left to be determined in the present proceeding.

¶10Accordingly, the Writ Petition is disposed of with a direction to the Silchar Municipal Board to take appropriate action as per the provisions of applicable Acts and Rules, against the respondent No.8, as the respondent No.8 had unauthorisedly constructed his building despite several notices and orders of the Page No.# 5/5 competent authority.

¶11It is clarified that since the order of this Court dated 20.06.2022 is only to the effect that the Silchar Municipal Board shall ensure that the respondent No.8 shall not carry out further construction, same shall not be any impediment, more so the Writ petition is being disposed of, with the above direction.

¶12The Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010113302022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3886/2022o SUSMITAoDASo(RAY)o W/O-oINDRAJIToRAY,oR/O-oLINKoROAD,oLANEoNO.o13,oHOUSEoNO.o15,oP.O.o 1SToLINKoROAD,oSILCHAR,oP.S.oSILCHAR,oDIST.oCACHAR,oASSAM,oPIN-o 788006. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYo REVENUEo(LANDoANDoRECORDSoDEPARTMENT),oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoLANDoRECORDS oRUPNAGAR oGUWAHATI-07. 3:THEoDEPUTYoCOMMISSIONER oCACHAR oASSAM 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oCACHAR oASSAM 5:THEoEXECUTIVEoOFFICER oSILCHARoMUNICIPALoBOARD oCACHAR. 6:THEoENFORCEMENToINSPECTORo(E.I.) oSILCHARoMUNICIPALoBOARD. 7:THEoMUNICIPALoINSPECTORo(M.I.) oSILCHARoMUNICIPALoBOARD. 8:SMTI.oSWEETYoGOSHoKANGSAoBANIK Page No.# 2/5 W/O- SRI PRADIP KANGSA BANIK LANE NO. 13 1ST LINK ROAD P.O. 1ST LINK ROAD SILCHAR P.S. SILCHAR DIST. CACHAR ASSAM PIN- 788006 Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE KARDAK ETE