Page No.# 1/4 GAHC010167612023 2025:GAU-AS:969 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4465/2023 KHARGESWAR BORO AND ANR S/O- LATE KAILASH CHANDRA BORO, R/O- MANAPARA, DATALPARA, P.O. AND P.S. FATASHIL AMBARI, GUWAHATI-781025, DIST. KAMRUP(M), ASSAM 2: RAJESH CHANDRA BORO S/O- LATE KAILASH CHANDRA BORO R/O- MANAPARA DATALPARA P.O. AND P.S. FATASHIL AMBARI GUWAHATI-781025 DIST. KAMRUP(M) ASSAM 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-06, ASSAM 2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI PIN- 781037 ASSAM 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF Page No.# 2/4 ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-06 ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-06 ASSAM 5:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-06 ASSAM 6:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001 Advocate for the Petitioner : MR. D BARUAH, MS. T. PAIT,MR W TERON,MS S K GUPTA Advocate for the Respondent : SC, FOREST, SC, GMC,SC, MINES AND MINERALS GOVT OF ASSAM,SC, HOUSING AND URBAN AFFAIRS BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 29.01.2025 1. Heard Mr. D. Baruah, learned counsel for the petitioners. Also heard Mr. R.R. Gogoi, learned standing counsel, Forest and Environment Department, for the respondent Nos. 1 & 2; Mr. S. Bora, learned standing counsel, Housing & Urban Affairs Department and GMC, for the respondent Nos. 3 & 6 and Mr. K. Gogoi, learned Additional Senior Government Advocate, for the respondent Nos. 4 & 5. Page No.# 3/4 2. The petitioners, before this Court, are the owners of a plot of land measuring 2 kathas and 6.99 lessas covered by Dag No. 4864 (New) of K.P. Patta No. 529 situated at Revenue Village – Sahar Fatashil, Mouza – Beltola under Dispur Revenue Circle in the district of Kamrup (M), Assam. The petitioners are intending to construct an RCC building over their plot of land and accordingly, they applied for permission before the GMDA. The petitioners are aggrieved by the impugned Communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department, whereby 2% (two percent) Forest Royalty is required to be submitted for making the said construction. 3. The learned counsel for the petitioners submits that the present case is covered by the Judgement and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024 (Amar Deka and another Vs. State of Assam and 6 others). He, accordingly, submits that the GMC/GMDA cannot insist upon 2% (two percent) Forest Royalty for persons who are intending to construct a building on their own private land. 4. Mr. R.R. Gogoi, learned standing counsel, Forest and Environment Department and Mr. S. Bora, learned standing counsel, Housing & Urban Affairs Department and GMC as well as Mr. K. Gogoi, learned Additional Senior Government Advocate jointly submit that the present case is covered by the Judgment and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024 and therefore, the GMC/GMDA or any other Urban Local Bodies cannot insist on payment of 2% (two percent) Forest Royalty in respect of private construction to be carried out on private land. 5. In view of the submissions made by the learned counsel for the parties and the fact that the present case is covered by the Judgment and Order dated 24.09.2024 passed by this Court in WP(C) No. 4085/2024, it is held that the GMC/GMDA cannot insist on payment of payment of 2% (two percent) Forest Page No.# 4/4 Royalty, inasmuch as the impugned Communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department has already been set aside by this Court by the Judgment and Order dated 24.09.2024. 6. This writ petition is, accordingly, disposed of. JUDGE Comparing Assistant