Anowar Hussain v. The State of Assam and 4 Ors

ORDER Date : 08-11-2024 Heard Mr. R. Ali, learned counsel for the petitioner; Mr. R.R. Gogoi, learned Standing Counsel, Environment and Forest Department for the respondent nos. 1 & 2; Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 3; and Ms. H. Baruah, learned counsel representing Mr. P. Nayak, learned Standing Counsel, GMC and GMDA for the respondent nos. 4 &

5.

¶2The petitioner has stated that he is the owner of a plot of land measuring 1 Katha, covered by Dag no. 1318 & Patta no. 1095 [New], situate at Village – Notboma, Mouza – Beltola, Revenue Circle – Dispur, District – Kamrup [M] ['the subject-plot', for short]. The petitioner has further stated that he made an online application for building permission under the Mukhya Mantri Sohoj Griha Nirman Achani by submitting all the required documents including building estimate before the respondent no. 4 and the respondent no. 5. The respondent no. 4 and the respondent no. 5 while according approval and have demanded deposit Page No.# 3/4 of 2% forest royalty, on the basis of an impugned Letter dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department [Annexure-5].

¶3The challenge in this writ petition under Article 226 of the Constitution of India is with regard to the Letter dated 02.03.2023 issued by the Mines and Minerals Department, Government of Assam by which the scope of the Assam Minor Mineral Concession [Amendment] Rules, 2021 had been sought to be enlarged.

¶4It is the specific case of the petitioner that while the amended Rules were only applicable to Government and Government users, by the impugned Letter dated 02.03.2023, even the private individuals who are to construct individual building were sought to be brought within its ambit. It is the contention of the petitioner that the amendment, including the Schedule appended thereto would be applicable only to the Government agencies. Mr. Ali has further submitted that this Court in a number of other writ petitions, including in W.P [C] no. 2040/2023, involving similar issues, interim reliefs have been extended to the petitioners who have approached with the plea that they are constructing their dwelling houses on their own plots of land.

¶5Mr. Gogoi, learned Standing Counsel, Environment and Forest Department has drawn attention to a Judgment and Order dated 24.09.2024 passed in the writ petition, W.P.[C] no. 4085/2024 to submit that the impugned Letter dated

02.03.2023 has already been set aside by holding that the Urban Local Bodies [ULB] cannot impose royalty upon the private person/entity carrying private constructions and consequently, such ULBs cannot also insist on payment of royalty as a condition for issuance of permission to construct and to carry out Page No.# 4/4 construction on the basis of the permission so granted.

¶6In view of the fact that the impugned Letter dated 02.03.2023 is not in force, this writ petition stands disposed of with a direction to the respondent no. 4 and the respondent no. 5 not to insist upon payment of royalty upon the petitioner as a condition for granting permission to construction or for carrying out construction pursuant to approval granted already, as the petitioner is making construction in his own plot of land.

¶7With the observation made and direction given above, this writ petition stands disposed of. No cost.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010232432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5727/2024o ANOWARoHUSSAINo S/OoLATEoKUTUBoALIo R/OoHOUSEoNO.o03,oPRAGATIoNAGAR,o NOTBOMA,oP.O.oANDoP.S.oHATIGAON,o DIST.oKAMRUPo(M),oASSAMo PIN-781038 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFORESToANDoENVIRONMENToDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFORESToANDoENVIRONMENToDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oMINESoANDoMINERALSoDEPARTMENT oDISPUR oGUWAHATI-6. 4:GUWAHATIoMUNICIPALoCORPORATION oREPRESENTEDoBYoITSoCOMMISSIONER oBHANGAGARH oASSAM Page No.# 2/4 GUWAHATI-05. 5:GUWAHATI METROPOLITAN DEVELOPENT AUTHORITY REPRESENTED BY THE CHIEF EXECUTIVE OFFICER BHANGAGARH ASSAM GUWAHATI-05 Advocate for the Petitioner : MR H A AHMED, MR. MUSTAFA HUSSAIN,MR. R ALI Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY