Faizur Rahman 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 applied online, for building permission under the Mukhya Mantri Sohoj Griha Nirman Achani, on his own plot of land measuring 1 Katha 16 Lecha covered by Dag No.399 Patta No.442 (New) of Village-Garpandu Kumarpara under Jalukbari Mouza, Circle-Guwahati, District-Kamrup Metro, Assam.

¶2The building estimate was approved and sanctioned by the Guwahati Metropolitan Development Authority (hereinafter referred to as 'the GMDA') and also by the Guwahati Municipal Corporation (hereinafter referred to as 'the GMC'). The file number of the petitioner was GMDA/PP/MMSGNA/20241217/ 0010012.

¶3After approval and sanction of the petitioner's building estimate, the impugned communication has been issued to the petitioner, demanding payment of 2% forest royalty in terms of the Notification dated 07.10.2021, which has been published in the Assam Gazette dated 11.10.2021, which has been extended to private agencies, vide communication dated 02.03.2023 Page No.# 3/4 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department.

¶4The petitioner's counsel submits that the respondents cannot demand 2% forest royalty when the petitioner is building his own building on his own land.

¶5Ms. 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 his own building on his own land.

¶6The operative portion of paragraph 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."

¶7In view of the fact that this case is a covered case and as the impugned 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 Page No.# 4/4 to demand payment/deposit of 2% Forest Royalty from the petitioner.

¶8The writ petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010274162024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6888/2024o FAIZURoRAHMANo S/O-oLATEoHABIBURoRAHMAN,oR/O-oVILL-oNORTHoJALUKBARI,o(KATIYAo DALONG),oKHANAMUKH,oDIST.-oKAMRUPo(M),oASSAM,oPIN-o781014 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oTOoTHEo GOVERNMENToOFoASSAM,oFORESToANDoENVIRONMENToDEPARTMENT,o DISPUR,oGUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFORESToANDoENVIRONMENToDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oMINESoANDoMINERALSoDEPARTMENT oDISPUR oGUWAHATI-6 4:GUWAHATIoMUNICIPALoCORPORATION oREPRESENTEDoBYoITSoCOMMISSIONER oBHANGAGARH oASSAM oGUWAHATI-o05 5:GUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITY oREPRESENTEDoBYoTHEoCHIEFoEXECUTIVEoOFFICER oBHANGAGARH Page No.# 2/4 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