Page No.# 1/3 GAHC010252452014 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/748/2014 SMT. RANU DEKA and ANR W/O SRI PHULESWAR DEKA 2: SRI SIMANTA DEKA S/O SRI PHULESWAR DEKA BOTH RESIDING AT MISSION CHARALI NH-37A P.O. KETEKIBARI TEZPUR DIST. SONITPUR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP.B Y THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT MAGISTRATE SONITPUR TEZPUR. 3:THE ADDITIONAL DISTRICT MAGISTRATE SONITPUR TEZPUR. 4:UNION OF INDIA MINISTRY OF DEFENCE NEW DELHI. 5:THE STATION COMMANDER TEZPUR MILITARY STATION HQ 4 CORPS PIN 901213 Page No.# 2/3 C/O 99 APO 6:TEZPUR DEVELOPMENT AUTHORITY P.O. TEZPUR DIST. SONITPUR ASSA Advocate for the Petitioner : MR.A GANGULY, Advocate for the Respondent : GA, ASSAM, ASSTT.S.G.I.,MR.M PHUKAN,MR.D K SAIKIA,C.G.C.,MRS. A GAYAN BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28.01.2025 None has appeared for the petitioner on call. There was no appearance on behalf of the petitioner on the last dates of listing as well i.e., on 22.01.2025 and 24.01.2025. However, Ms. A. Gayan, learned CGC appearing for the respondent no. 1 and Mr. T. C. Chutia, learned counsel for the respondent no. 2 is present. The petitioner by way of instituting the present proceeding has prayed for a direction upon the Tezpur Development authority to consider the application of the petitioner for construction of a building submitted on 26.03.2013, without insisting a Clearance Certificate from the Army authorities. It is to be noted that the area wherein, the land of the petitioner is so situated falls within 500 mtrs., from the Army camp and accordingly, in view of the stipulations existing in this connection, the Tezpur Municipal authorities had refused to grant building permission to the petitioner. It is the contention of the petitioner that the bar so existing for issuance of Page No.# 3/3 building permission for construction of building on land situated near the Army establishment is only applicable when such building is being so constructed over 48 feet, and the height of the building so constructed by the petitioner is lower than 48 feet. The petitioner, not being granted the requisite permission has instituted the present proceeding. Ms. A. Gayan, learned CGC has submitted no high rise building more than 48 feet is permitted to be constructed within 500 meters from the perimeter of the Army camp without obtaining NOC from the Army authorities. She has further, on instructions, submitted that the petitioner has already constructed his building however; the height of the said building is lower than 48 feet. Accordingly, no NOC is required to be obtained and the Army authorities have no objection in the said construction as carried out by the petitioner, inasmuch as, the height of the building is around 44.3 feet i.e., lower than 48 feet. In view of the above position, Ms. Gayan, learned CGC submits that the present writ petition requires to be disposed of by noting the no objection of the Army authorities with regard to the building constructed by the petitioner. It being admitted by the Army authorities that the building constructed by the petitioner being lower than 48 feet, they would have no objection in the matter, no further direction is called for to be issued by this Court in the matter. In view of the above position, the present writ petition stands disposed of. JUDGE Comparing Assistant