Bandana Das v. The State of Assam and 6 Ors

ORDER Date : 04-12-2024 Heard Mr. A Khanikar, learned counsel for the petitioner, who submits that the petitioner is the owner of a plot of land measuring 1 Katha 3.92 lechas under Dag No. 2277, Patta No. 1738 of Revenue Village: Sahar Sarania Part-II under Ulubari Mouza in the district of Kamrup (Metro), Assam along with other co-pattadars. The petitioner applied for grant of permission to construct ground plus 2 storied building on 06.10.2024, vide Reference No. RTPS-PPBP/2024/7604909. The petitioner's grievance is that the respondent authorities have insisted on payment of 2% Forest Royalty, on the total cost of the building, before the NOC/permission can be given, as per Government communication dated 02.03.2023, issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department.

¶2The petitioner's counsel submits that the impugned communication dated Page No.# 3/4

02.03.2023 has already been set aside by this Court in WP(C) No. 4085/2024 and as such, the respondents cannot deny the grant of building permission/NOC on the ground of non-payment of 2% Forest Royalty, as the building is to be constructed on the petitioner's land.

¶3Mr. D Gogoi, learned counsel for the Forest Department, Ms. U Das, learned counsel for the respondent Nos. 4 & 5 and Mr. P Nayak, learned counsel for the respondent Nos. 3, 6 & 7 submit that the present case is a covered case in terms of WP(C) 4085/2024 and WP(C) 5049/2024 and the petitioner is not required to pay any Forest Royalty when he is constructing a building on his own land.

¶4The operative portion of para 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."

¶5In 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 ask for payment of deposit of 2% Forest Royalty and they should grant the necessary permission/NOC to the petitioner, unless the same is not permitted due to some other reason/s.

¶6The writ petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010257412024 ooooooo 2024:GAU-AS:12234 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6425/2024o BANDANAoDASo W/OoSRIoMONJIToCHETIA,o RESIDENToOFo22,oDASoSOAPoFACTORY,oGANDHIBASTIoSILPUKHURI,oDISTo KAMRUPMoASSAMo781003 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoFORESToANDoENVIRONMENToDEPARTMENT,oDISPURo GUWAHATIo06 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToANDoHEADoOFo FORESToFORCE oARANYAoBHAWANoPANJABARI oGUWAHATIoASSAMo781037 3:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOV.ToOFoASSAM oHOUSINGoANDoURBANoAFFAIRSoDEVELOPMENToDISPURoGUWAHATIo 781006 4:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oMINESoANDoMINERALSoDEPARTMENT oDISPURoGUWAHATIo06 5:THEoJOINToSECRETARY oTOoTHEoGOVT.oOFoASSAM oMINESoANDoMINERALSoDEPARTMENT oDISPURoGUWAHATIo06 Page No.# 2/4 6:THE COMMISIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI 781001 7:THE COMMISSIONER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI ASSAM 78100 Advocate for the Petitioner : MR J PAYENG, MR. M GOGOI,MR A KHANIKAR Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA