Page No.# 1/5 GAHC010147112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3729/2024 NIVEDITA DUTTA KAKATI WIFE OF DR. BHABEN KAKATI, RESIDENT OF FIRST FLOOR, HOUSE NO. 25, LAKHIMI NAGAR, NAMGHAR PATH, P.O. DISPUR, P.S. HATIGAON, PIN- 781006, DISTRICT- KAMRUP (M), ASSAM VERSUS GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 7 ORS STATFED BUILDING, GMCH ROAD, BHANGAGARH, GUWAHATI, KAMRUP (M), PIN- 781005, ASSAM, REPRESENTED BY ITS CHAIRMAN 2:THE SECRETARY GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATFED BUILDING GMCH ROAD BHANGAGARH GUWAHATI KAMRUP (M) PIN- 781005 ASSAM 3:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY STATFED BUILDING GMCH ROAD BHANGAGARH GUWAHATI KAMRUP (M) PIN- 781005 ASSAM 4:THE COMMISSIONER Page No.# 2/5 GUWAHATI MUNICIPAL CORPORATION G.M.C.H. ROAD BHANGAGARH GUWAHATI PIN- 781005 KAMRUP (M) ASSAM 5:TITHI RATNA BUILDERS A PARTNERHIP FIRM HAVING HEAD OFFICE AT HOUSE NO. 10 2ND FLOOR RUKMINI GAON BISHNU PATH BYE LANE NO.1 GUWAHATI- 781022 KAMRUP (M) ASSAM 6:SRI BISWAJIT SARKAR PARTNER OF TITHI RATNA BUILDERS SON OF LATE BABUL SARKAR RESIDENT OF HOUSE NO.10 2ND FLOOR RUKMINI GAON BISHNU PATH BYE LANE NO.1 GUWAHATI- 781022 KAMRUP (M) ASSAM 7:SRI ANUKUL BISWAS PARTNER OF TITHI RATNA BUILDERS SON OF SRI ABHIMANYU BISWAS RESIDENT OF KUMARKATA (FOREST VILLAGE) P.O. KUMARKATA PIN- 782435 DISTRICT- HOJAI NAGAON ASSAM 8:MRS. MAMONI CHOUDHURY RESIDENT OF BONGAIGAON NEAR D.C. OFFICE P.O. NEW BONGAIGAON PIN- 78338 Advocate for the Petitioner : MR. M K CHOUDHURY, MR. M SARMA,MS. ANASUYA C,MR P Page No.# 3/5 BHARDWAJ Advocate for the Respondent : SC, G M D A, MR. C S RAY(R-8) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 25-07-2025 Heard Mr. P. Bharadwaj, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Addl. AG appearing on behalf of respondent Nos. 1 to 4 and Mr. S. Sengupta, learned counsel for the respondent No. 8. Although the service of notice upon respondent Nos. 5 to 7 was deemed to be complete, none has entered appearance on behalf of the said respondents. The petitioner in the present proceeding has raised a grievance with regard to the inaction on the part of the respondent No. 2 in not taking on record a complaint submitted by her on 01-06-2024 pertaining to illegal construction of a flat in the terrace of a building named “Suneti Niwas” situated at Jatia under Beltola mouza, Guwahati in violation of the approved building plan in the matter. The petitioner is a resident of the said building. The learned counsel for the petitioner has submitted that being aggrieved by the illegal construction carried out in the said building wherein she is also a resident, the petitioner vide representation dated 01-06-2024 had approached the respondent No. 2 praying for taking appropriate measures in the matter. It is submitted that the said representation was received by the respondent No. 2 on the same date, however, no Page No.# 4/5 action has been taken thereon by the respondent authority. The learned counsel for the parties have submitted that they would be agreeable in the event this Court would dispose of the writ petition directing the Secretary, GMDA to take on record the said representation dated 01-06-2024 filed by the petitioner herein and pass appropriate order therein after hearing all the necessary parties affected by the issue raised in the said complaint. In view of the consensus reached by the learned counsel for the parties, this Court directs the Secretary, GMDA to take on record the complaint dated 01-06-2024 filed by the petitioner herein. The respondent No. 2 shall thereafter fix a date of hearing in the matter and issue notices thereon to the petitioner and to the respondent Nos. 5 to 8 along with notices to the authorities of the GMDA and GMC. The Secretary shall, thereafter, upon hearing the parties to the proceeding and also on appreciating the contemporaneous records shall pass a spearing order in the matter disposing of the representation submitted by the petitioner, herein. In the event, the allegation raised by the petitioner is found to have been substantiated, the respondent No. 2 shall direct the concerned authorities to take appropriate consequential action as may be mandated under the provisions of law. The above exercise be carried out and completed as expeditiously as possible but not later than 03 months from the date of receipt of certified copy of this order from the either parties. Page No.# 5/5 With the above observations, this writ petition stands disposed of. JUDGE Comparing Assistant