Hiren Borgohain v. The State of Assam and 4 Ors

ORDER Date : 22.11.2024

Heard Mr. B.K. Das, the learned counsel appearing on behalf of the petitioner. Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of the Forest Department.

¶2The instant writ petition is taken up for disposal at the motion stage itself, taking into account that similar issues have already been decided by this Court.

¶3It is the case of the petitioner herein that the petitioner is a patta holder of a plot of land covered by Dag Nos. 1360,445 of KP Patta No. 745, 314 under Revenue Village Sahar Guwahati Part. VI under Mouza Ulubari in the district of Kamrup(M) Guwahati. The petitioner intends to build a G+3 apartment over the said plot of land. Under such circumstances, the petitioner, in order to construct the apartment has sought for permission before the Guwahati Metropolitan Development Authority (for short, the GMDA) and had paid the requisite application processing fee. In that regard, the petitioner has also been provided a file being No.GMC/W32/0032/09052024 in the Office of the Commissioner, Guwahati Page No.# 3/4 Municipal Corporation.

¶4Subsequent, thereto, the petitioner was verbally instructed to pay an amount @ 2% of the total project cost of the building as 'Forest Royalty' and, as such, the petitioner being aggrieved has approached this Court.

¶5It is the further case of the petitioner that the respondent authorities could not have demanded payment of any forest royalty from the petitioner. On enquiry being made it could be found that the direction so verbally made for payment of the forest royalty is on the basis of a communication issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department dated 02.03.2023, whereby it was mentioned that the Notification dated 07.10.2021 which was issued thereby to bring into effect the Assam Minor Mineral Concession (Amendment) Rules 2021 (for short, 'the Rules of 2021') would also be applicable against the private agencies. The learned counsel appearing on behalf of the petitioner submitted that vide the judgment dated 24.09.2024 passed in WP(C) No. 4085/2024, this Court had already set aside the communication dated 02.03.2023 which is the basis, upon which the verbal demand is being made by the GMC authorities.

¶6This Court has also perused the judgment and order dated 24.09.2024 passed in WP(C) No.4085/2024, wherein this Court had set aside the communication dated 02.03.2023 and further directed the GMC authorities to proceed with the consideration of the building application filed by the petitioner without insisting upon the forest royalty. Taking into account that the petitioner herein is similarly situated, it is the opinion of this Court that the petitioners are also entitled to the similar reliefs as provided to the petitioner in WP(C) No.4085/2024. Accordingly, this Court observes and Page No.# 4/4 directs as follows:

(i). The Urban Local Bodies cannot impose royalty upon the private person/entity in respect to private constructions carried out and consequently cannot also insist on payment of royalty as a condition for issuance of permission to construct and to carry out construction on the basis of the permission so granted.

(ii). This Court issues a writ in the nature of mandamus directing the GMC/GMDA not to insist upon payment of royalty upon the petitioner as a condition for granting permission to construct or carrying out construction pursuant to the permission so granted.

¶7With the above observation(s) and direction(s), the instant writ petition stands disposed of. No costs. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010245602024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6148/2024o HIRENoBORGOHAINo S/O-oLATEoDEURAMoBORGOHAIN,o R/O-oH.NO-56,oWARDoNO-32,oP.O-oUZANBAZAR,oGUWAHATI-01,oDIST-o KAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT,oOFoASSAM,oDISPUR,o GUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFORESToANDoENVIRONMENToDEPARTMENTo oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOUSINGoANDoURBANoAFFAIRSoDEPARTMENTo oDISPUR oGUWAHATI-6. 4:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oMINESoANDoMINERALSoDEPARTMENTo oDISPUR oGUWAHATI-6. 5:THEoCOMMISSIONER o oGUWAHATIoMUNICIPALoCORPORATIONo Page No.# 2/4 GMDA BUILDING BHANGAGARH GUWAHATI-5 For the Petitioner(s) : Mr. B.K. Das, Advocate For the Respondent(s) : Mr. R.R. Gogoi, SC, Forest Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH