Eva Aind Kullu v. The State of Assam and 4 Ors

ORDER

19.12.2024

¶1Heard Mr. M. Hussain, learned counsel for the petitioner, who submits that the petitioner is the owner of a plot of land measuring 2 Kathas 4 Lechas covered by Dag No.1989, Patta No.232 (New) of Village – Noonmati under Ulubari Mouza, Circle-Guwahati, District-Kamrup (M), Assam.

¶2The petitioner applied for building permission under the "Mukhya Manti Sohoj Griha Nirman Achani" and the building estimate was approved and sanctioned by the Guwahati Metropolitan Development Authority (GMDA) and by the Guwahati Municipal Corporation (GMC). The File Number of the petitioner is GMDA/PP/MMSGNA/20241212/0009973.

¶3The petitioner is aggrieved by the fact that after approval and sanction had been given by the GMDA and the GMC, 2% Forest Royalty has been demanded vide communication dated NIL.

¶4The petitioner's counsel submits that the Forest Royalty has been Page No.# 3/4 demanded as per Notification dated 07.10.2021 published in the Assam Gazette on 11.10.2021, which had been extended to private agencies, vide communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department.

¶5The petitioner's counsel submits that Forest Royalty cannot be demanded when the petitioner is going to construct her own building on her own land.

¶6Ms. M. Kalita, learned counsel for the Forest Department, Mr. K. Gogoi, learned counsel for the respondent no.3 and Mr. S. Bora, learned counsel for the respondent nos.4 & 5 submit that the present case is a covered case in terms of the judgment and order passed in WP(C) 4085/2024 and WP(C) 5049/2024. They submit that the petitioner is not required to pay any Forest Royalty when the petitioner is constructing her own building on her own land.

¶7Paragraph 19 of the judgment and order dated 24.09.2024 passed in WP(C) 4085/2024 is reproduced herein below:- "19. In view of the above analysis, it is therefore the opinion of this Court that the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Mineral Department thereby stipulating that the amendments carried out by the Amending Rules would also apply to the private agencies is contrary to the Act of 1957 as well as the Rules of 2013 as amended by the Amending Rules. Accordingly, the impugned communication dated 02.03.2023 is set aside and quashed."

¶8In view of the fact that this case is a covered case and as the impugned Page No.# 4/4 communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department has been set aside, the prayer of the petitioner is allowed. The respondents are accordingly directed not to demand payment of deposit of 2% Forest Royalty from the petitioner.

¶9The writ petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010274152024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6881/2024o EVAoAINDoKULLUo D/O-oHARIHORoAIND,oR/O-oHOUSEoNO.o01,oNO.o1oANANDAoNAGARo REFINARYoROAD,oP.O.oANDoP.S.oNOONMATI,oDIST.-oKAMRUPo(M),oASSAM,o PIN-o781020 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFORESToANDoENVIRONMENToDEPARTMENT,o DISPUR,oGUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFORESToANDoENVIRONMENToDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oMINESoANDoMINERALSoDEPARTMENT oDISPUR oGUWAHATI-6 4:GUWAHATIoMUNICIPALoCORPORATION oREPRESENTEDoBYoTSoCOMMISSIONER oBHANGAGARH oASSAM oGUWAHATI-o05 5:GUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITY oREPRESENTEDoBYoTHEoCHIEFoEXECUTIVEoOFFICER Page No.# 2/4 BHANGAGARH ASSAM GUWAHATI-0 Advocate for the Petitioner : MR H A AHMED, MR. MUSTAFA HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA