Rajak Uddin Ahmed v. The State of Assam and 10 Ors

ORDER

01.09.2023 The instant writ petition has been filed by the Petitioner challenging the final demolition notice dated 17.08.2023, wherein there is a direction to the Petitioner to vacate and demolish the unauthorized construction of the building under Dag No. 419/420 covered by P.P. No.-50(N), 316(O), T.S. No. 2.

¶2Mr. A.K. Purkayastha, the learned counsel appearing on behalf of the Petitioner submits that taking into account that the alleged illegal construction which has been carried out is in respect to the Government land for which an application seeking settlement under Page No.# 4/5 the Basundhara 2.0 Scheme has also been filed, he may be permitted to withdraw the instant writ petition with a liberty to approach the Tinsukia Municipal Board for regularizing the construction so carried out by the Petitioner. He further submits that till such application is not disposed of, the Tinsukia Municipal Board ought to be restrained from carrying out any demolition as mentioned in the impugned notice dated 17.08.2023.

¶3This Court have duly taken note of the reply filed by the Petitioner on 13.12.2022 as well as the application so filed by the Petitioner seeking settlement of 4 lechas of land in Dag No. 420.

¶4The submission made by the Petitioner that the Petitioner would approach the Respondent Board for regularization of the construction is a fair submission in the opinion of this Court, taking into account that the Tinsukia Municipal Board has the authority to grant such regularization if permissible under the Assam Municipal Act, 1956 and the Building Bye-laws framed thereunder.

¶5This Court also duly takes note of the submission that if any demolition is carried out prior to the consideration of the regularization application to be filed by the Petitioner, the regularization application itself would become infructuous.

¶6Under such circumstances, this Court permits the Petitioner to withdraw the instant writ petition. The Petitioner is further given the liberty to submit an application seeking regularization before the Page No.# 5/5 Chairman, Tinsukia Municipal Board within 10 days from today. Till the final consideration of the said regularization application, no demolition be carried out by the Respondent Board. It is however made clear that the Respondent Board shall consider such application without being influenced by any observation made herein and strictly in accordance with law.

¶7Mr. A.K. Purkayastha, the learned counsel further submitted that a copy of the instant order be furnished to him in view of the fact that this Court is in recess till 6th of September, 2023 and the demolition date as per the impugned notice dated 17.08.2023 is on 5th of September, 2023.

¶8This Court directs the Court Master of this Court to issue a true copy of the instant order to the learned counsel for the Petitioner during the course of the day.

¶9The instant writ petition accordingly stands disposed of on withdrawal. This Court clarifies that if within 10 days from today, no application is filed, the Respondent Board shall be at liberty to take such actions as deemed fit in terms with the impugned notice dated

17.08.2023.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010197352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5133/2023o RAJAKoUDDINoAHMEDo S/OoLATEoROHIMoUDDINoAHMED,oR/OoVILL-oRONGAGORAoROAD,oNEARo ADITYAoHOSPITAL,oP.O.oANDoP.S.-TINSUKIA,oDIST-oTINSUKIA,oASSAM,oPIN- 786125 VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoMUNICIPALoADMINISTRATION,oDISPUR,o GUWAHATI,oKAMRUPo(M),oPIN-781006 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoMUNICIPALoADMINISTRATION oDISPUR oGUWAHATI oKAMRUPo(M) oPIN-781006 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoREVENUEoANDoDISASTERoMANAGEMENT oDISPUR oGUWAHATI oKAMRUPo(M) oASSAM oPIN-781006 4:THEoDISTRICToCOMMISSIONER oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-oTINSUKIA oASSAM oPIN-786125 PageoNo.#o2/5 5:THEoSUPERINTENDENToOFoPOLICE oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-TINSUKIA oASSAM oPIN-786125 6:THEoMUNICIPALoBOARD oTINSUKIA oREPRESENTEDoBYoITSoCHAIRMAN oTINSUKIAoMUNICIPALoBOARD oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oASSAM oPIN-786125 7:THEoCHAIRMAN oTINSUKIAoMUNICIPALoBOARD oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-TINSUKIA oASSAM oPIN-786125 8:THEoEXECUTIVEoOFFICER oTINSUKIAoMUNICIPALoBOARD oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-TINSUKIA oASSAM oPIN-786125 9:THEoSUB-DIVISIONALoENGINEER oAPDCL oSUB-DVISION-1 oPARIKATIA oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-TINSUKIA oASSAM oPIN-786125 10:THEoOFFICER-IN-CHARGE oTINSUKIAoPOLICEoSTATION oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oDIST-TINSUKIA oASSAM Page No.# 3/5 PIN-786125 11:THE TOWN PLANNER TINSUKIA MUNICIPAL BOARD TINSUKIA P.O. AND P.S.-TINSUKIA DIST-TINSUKIA ASSAM PIN-786125 12:THE ASSISTANT ENGINEER TINSUKIA P.O. AND P.S.-TINSUKIA DIST-TINSUKIA ASSAM PIN-78612 For the Petitioner (s) : Mr. A.K. Purkayastha. Advocate. Mr. R.C. Paul, Advocate. For the Respondent (s) :Ms. N. Bordoloi, Advocate. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH