Page No.# 1/4 GAHC010117762023 2025:GAU-AS:87 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3190/2023 RIAJUDDIN AHMED AND 5 ORS S/O LATE MAFIZUDDIN AHMED, R/O LAMB ROAD, AMBARI, GUWAHATI- 781001, DIST-KAMRUP (M), ASSAM 2: JIAUDDIN AHMED S/O LATE MAFIZUDDIN AHMED R/O LAMB ROAD AMBARI GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 3: SAHABUDDIN AHMED S/O LATE MAFIZUDDIN AHMED R/O LAMB ROAD AMBARI GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 4: SARIFUDDIN AHMED S/O LATE MAFIZUDDIN AHMED R/O LAMB ROAD AMBARI GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 5: MUSTAQUE AHMED S/O LATE MAFIZUDDIN AHMED R/O LAMB ROAD AMBARI GUWAHATI-781001 DIST-KAMRUP (M) Page No.# 2/4 ASSAM 6: MRS. JILA AHMED W/O LATE HAFIZUDDIN AHMED R/O LAMB ROAD AMBARI GUWAHATI-781001 DIST-KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-781006 3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI-6 4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006 5:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006 6:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION BHANGAGARH GUWAHATI-78100 Advocate for the Petitioner : MR M J QUADIR, MS S AHMED,MR S S ISLAM Advocate for the Respondent : SC, FOREST, GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.01.2025 Heard Mr. M.J. Quadir, learned counsel for the petitioners, who submits that the 6 petitioners are the owners of a plot of land at Guwahati, covered by Patta No.109, Dag No.1011 & 1012 having an area of 1 Bigha 1 Katha and 10.73 lechas. The petitioners who are intending to build a residential-cum-commercial multi-storeyed building on their private plot of land, are aggrieved by the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department, wherein 2% forest royalty is required to be submitted for making the said construction. 2. The petitioners’ counsel submits that in terms of the judgment and order dated 24.09.2024 passed in WP(C) No.4085/2024 (Amar Deka and Anr. Vs. the State of Assam & 6 Ors.), the GMC/GMDA cannot insist upon payment of 2% forest royalty to persons, who are intending to construct a building on private land. 3. Mr. R.R. Gogoi, learned counsel for the Forest Department and Mr. S.S. Roy, learned counsel for the respondent Nos.2-6 submit that the present case is covered by the judgment and order passed in WP(C) 4085/2024 and that the GMC/GMDA or other urban local bodies cannot insist on payment of forest royalty in respect to private constructions to be carried out on private land. 4. In view of the submissions made by the counsels for the parties and the Page No.# 4/4 fact that the present case is covered by the judgment and order passed in WP(C) No.4085/2024, the GMC/GMDA cannot insist upon payment of 2% forest royalty, inasmuch as, the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department has been set aside. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant