Page No.# 1/3 GAHC010000012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5/2025 SARBESWAR DEKA S/O- LATE SATYA NATH DEKA, H/NO. 13A, NANDAN PATH, DISPUR, P.O. ASSAM SACHIVALAYA, P.S. DISPUR, DIST. KAMRUP(M), ASSAM, PIN- 781006. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF THE FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI-781037. 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR-781006. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006. 6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/3 MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006. 7:THE GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER UZANBAZAR GHY-781001. 8:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA) REPRESENTED BY THE CHIEF EXECUTIVE OFFICER BHANGAGARH GUWAHATI-781005 ASSA Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS N HASAN,MS. P AHMED,N. UDDIN Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, GMC,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.01.2025 1. Heard Mr. M.I. Hussain, learned counsel for the petitioner, who submits that the petitioner had applied for building permission, for constructing his own building on the land measuring 2 Bighas 3 Kathas 8.44 Lechas out of the total land measuring 3 Bighas 4 Kathas 1.72 Lechas covered by Dag No.1085 and Patta No.1085 at Village Dwarandha, Mouza-Beltola, Circle-Dispur in the district of Kamrup(M), Assam. 2. The petitioner’s counsel submits that the GMC has directed the petitioner to pay 2% forest royalty in terms of the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines Page No.# 3/3 and Minerals Department, which has been set aside by this Court, vide judgment and order dated 24.09.2024 passed in WP(C) No.4085/2024. He accordingly submits that a direction should be issued to the GMC, directing them that they cannot demand/claim 2% forest royalty, due to the petitioner building his own house in his own land. 3. Mr. R. Bora, learned counsel for the respondent Nos. 4, 7 & 8; Mr. R.R. Gogoi, learned counsel for the respondent Nos.1 & 2 and Mr. S.S. Roy, learned counsel for the respondent Nos.3, 5 & 6 submit that they have got no objection with the submission made by the petitioner’s counsel, in view of the judgment passed by this Court in WP(C) 4085/2024. 4. In view of the fact, that the construction to be made by the petitioner is a private construction to be made on his private land and keeping in view the submissions made by the counsels for the parties, the GMC and other urban local bodies are directed not to impose 2% forest royalty on the petitioner, due to the private construction to be made by him on his own land, in terms of the judgment passed in WP(C) 4085/2024. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant