Mintu Baruah and 6 Ors v. The State of Assam and 4 Ors

O R D E R

20.12.2024 The instant writ petition has been filed challenging the inaction on the part of the GMC Authorities in not taking steps Page No.# 3/4 pursuant to the notice issued under Section 337 of the Guwahati Municipal Corporation Act, 1971. It is seen that pursuant to the orders passed by this Court on 06.11.2024; 07.11.2024;

11.11.2024 and 18.11.2024, the GMC has taken appropriate steps in the matter. It has also been mentioned that the 6th and the 7th floor of the building in question is in the process of being demolished, and in that regard, an affidavit has also been filed by the GMC Authorities bringing on record the photographs to that extent. It is also taken note of that in respect to the violation pertaining to the 5th floor of the building, there is an injunction which has been passed by the learned Civil Court, and as such, this Court would not like to comment on that as the lis is presently pending before the Civil Court.

¶2Be that it may, this Court, taking into account the action which has been taken by the GMC Authorities, is of the opinion that nothing further remains in the instant writ petition to be decided in as much as the GMC Authorities have already taken steps pursuant to the notice under Section 337 of the Guwahati Municipal Corporation Act, 1971.

¶3This Court, however directs the Commissioner, GMC to ensure that the demolition of the 6th and 7th floor of the building in question is completed at the earliest. Page No.# 4/4

¶4With the above, the instant writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010112852016 ooooooo 2024:GAU-AS:13063 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3368/2016o MINTUoBARUAHoando6oORSo S/O-oUMESHoBORUAH,oR/O-oK.C.oSENoROAD,oPALTANoBAZAR,oGHY-o8. 2:oNAGENoDAS oS/O-oKABINoDAS oR/O-oK.C.oSENoROAD oPALTANBAZAR oGHY-o8. 3:oAHIDULoALI oS/O-oABDULoALI oR/O-oK.C.oSENoROAD oPALTANBAZAR oGHY-o8. 4:oPRANABoRAJAK oS/O-oDURGAoRAJAK oR/O-oK.C.oSENoROAD oPALTANBAZAR oGHY-o8. 5:oRAJIBoMEDHI oS/O-oSHANKARoMEDHI oR/O-oSOLAPARAoROAD oPALTANBAZAR oGHY-o8. 6:oTAZAMULoHAQUE oS/O-oMUZAMILoHAQUE oR/O-oSOLAPARAoROAD oPALTANoBAZAR oGHY-o8. 7:oISATAQULoISLAM Page No.# 2/4 S/O- ALTAF HUSSAIN R/O- SOLAPARA ROAD PALTANBAZAR GHY- 8 VERSUS THE STATE OF ASSAM AND 4 ORS TO BE BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GHY- 6. 2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS CHIEF EXECUTIVE OFFICER GUWAHATI MEDICAL COLLEGE ROAD GHY- 5. 3:THE GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER GHY- 1. 4:THE TOWN and COUNTRY PLANNER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY KAMRUP GUWAHATI REP. BY ITS EXECUTIVE OFFICER. 5:THE PROPRIETOR HOTEL CHANAKYA K.C. SEN ROAD PALTAN BAZAR GHY- 8 For the petitioner (s) : Mr. L. Mohan, Advocate Sr. For the respondent (s) : Mr. Z. Mukit, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH