Gauhati High Court
WP(C)/3122/2026 of SRI CHANDRA DHAR KALITA Vs THE STATE OF ASSAM AND OTHRS on 18 June 2026
GAHC010115672026 2026:GAU-AS:8901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3122/2026 SRI CHANDRA DHAR KALITA SON OF LATE LALIT CHANDRA KALITA, RESIDENT OF VILLAGE- HUDUMPUR, PALASHBARI, P.O. P.S.- PALASHBARI, DISTRICT- KAMRUP, ASSAM,
GAHC010115672026
2026:GAU-AS:8901
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3122/2026
SRI CHANDRA DHAR KALITA
SON OF LATE LALIT CHANDRA KALITA, RESIDENT OF VILLAGE- HUDUMPUR, PALASHBARI, P.O. P.S.- PALASHBARI, DISTRICT- KAMRUP, ASSAM, PIN-781128
2: SRI BARODA KALITA
SON OF LATE LALIT CHANDRA KALITA
RESIDENT OF VILLAGE- HUDUMPUR
PALASHBARI
P.O. P.S.- PALASHBARI
DISTRICT- KAMRUP
ASSAM
PIN-78112
VERSUS
THE STATE OF ASSAM AND OTHRS
REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION
DEPARTMENT, DISPUR, GUWAHATI-06
2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER
STATEFED BUILDING
BHANGAGARH
GUWAHATI
DIST.- KAMRUPM
ASSAM
PIN781005.
3:THE CHIEF EXECUTIVE OFFICER
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY GMDA
BHANGAGARH
GUWAHATI -781005
4:THE SECRETARY
GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
BHANGAGARH GUWAHATI
DIST.- KAMRUPM
ASSAM
PIN-781005.
5:JAKIR HUSSAIN
RESIDENT OF DHARAPUR
P.O.- DHARAPUR
P.S.- AZARA
GUWAHATI
DISTRICTKAMRUPM
ASSAM
PIN-781017
6:RASIDA BEGUM
RESIDENT OF DHARAPUR
P.O.- DHARAPUR
P.S.- AZARA
GUWAHATI
DISTRICTKAMRUPM
ASSAM
PIN-781017 7
7:BIMAL BAISHYA
RESIDENT OF DHARAPUR
P.O.- DHARAPUR
P.S.- AZARA
GUWAHATI
DISTRICTKAMRUPM
ASSAM
PIN-781017
8:KRISHNA BAISHYA
RESIDENT OF DHARAPUR
P.O.- DHARAPUR
P.S.- AZARA
GUWAHATI
DISTRICTKAMRUPM
ASSAM
PIN-78101
Advocate for the Petitioner : MR. ARIF AHMED, MS Y AFREEN,MR H MAZUMDER,MR B P
BORAH
Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 19.06.2026 Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. S. Bora, learned Standing Counsel, GMDA for the respondent nos. 2, 3 & 4. Also heard Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent no. 1.
2. Mr. Bora, learned Standing Counsel, GMDA has submitted that in continuation of the Order dated 19.11.2025 passed by the Chief Executive Officer, GMDA, the said authority has recently passed an Order on 18.06.2026. Mr. Bora has placed a copy of the Order dated 18.06.2026.
3. The Order dated 18.06.2026 reads as under :- In continuation of the Order passed by this Authority vide No. GMDA/SGC/36/2026/15, dated: 02:03 2026, and in compliance with the Hon'ble Gauhati High Court order dated 01.04.2026, on Case No. WP [C] 1571 2026. 1. Anbamuthan M.P. IAS, Chief Executive Officer, Guwahati Metropolitan Dev. Authority, in exercise of power conferred under Section 88 of GMDA, Act, 1985 hereby Order to remove/ demolish the unauthorized construction of Brick Boundary Wall and house constructed by Jakir Hussain, Rasida Begum, Bimal Baishya Krishna Baishya and others at Dharapur, Guwahati within the Guwahati Metropolitan Area [GMA] covered by the Master Plan and Zoning Regulation, in violation to the provisions of Building Bye-Laws and thereby contravened the provision of section 24 & 25 of GMDA Act 1985 [as amended]. Scheduled of the demolition/premises/structure Date: 06.07.2026
Time : 11-00 AM/PM onwards. Manner of Construction: Brick Boundary Wall and House Revenue Village: Dharapur, Mouza- Ramcharini Contact Details of Site Engineer for further information, please contact: Sri Ahatosh Bhuyan, EE (i/c), GMDA [Contact No: 94351-16231]
(Anbamuthan M.P, IAS)
Chief Executive Officer Guwahati Metropolitan Dev. Authority
Bhangagarh, Guwahati-5
4. A copy of the Order dated 18.06.2026 has also been furnished to Mr. Borah, learned counsel for the petitioner for his information.
5. On perusal of the contents of the Order dated 18.06.2026 it is noticed that the date & time to execute the Order dated 19.11.2025 is scheduled at 11-00 a.m. on 06.07.2026.
6. Mr. Borah, learned counsel for the petitioner has submitted that in view of the Order dated 18.06.2026, the petitioner is not pursuing the writ petition at this stage, with liberty to approach again in the event the respondent authorities do not execute the Order dated 19.11.2025 in terms of the Order dated 18.06.2026.
7. In view of the above submission made by Mr. Borah, learned counsel for the petitioner, the writ petition is disposed of, with liberty to the petitioner to approach again.
8. A copy of the Order dated 18.06.2026, placed by Mr. S. Bora, is to be kept with the case record, by marking it as Document – ‘A’.
JUDGE Comparing Assistant