Page No.# 1/6 GAHC010278572024 2026:GAU-AS:14389 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/622/2025 SANJUKTA BORGOHAIN W/O- UTPAL BORGOHAIN, R/O- CHATRIBARI, OLD FIRE BRIGADE LANE, P.O- REHABARI, P.S- PALTANBAZAR. DIST- KAMRUP (M), ASSAM, PIN-781008 VERSUS GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 15 ORS REP. BY ITS CHIEF EXECUTIVE OFFICER , BHANGAGARH, GUWAHATI-05 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-05 3:THE TOWN PLANNER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-05 4:SECRETARY GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-05 5:GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER GANESH MANDIR Page No.# 2/6 GUWAHATI-06 6:COMMISSIONER GUWAHATI MUNICIPAL COMMISSIONER GANESH MANDIR GUWAHATI-06 7:THE COLLECTOR GUWAHATI MUNICIPAL COMMISSIONER GANESH MANDIR GUWAHATI-06 8:SHYAM SUNDAR SIPANI PROP. OF M/S SHYAMJI CONSTRUCTIONS PARMESHWARI BUILDING 4TH FLOOR CHATRIBARI GUWAHATI-08 9:SANJAY MADANI FLAT NO. 505 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 10:RAJESH LUNAWAT RESIDENTS OF FLAT NO. 502 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 11:DEEPIKA JAIN RESIDENTS OF FLAT NO. 502 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 12:SMT. SANTOSH BAHETI Page No.# 3/6 RESIDENTS OF FLAT NO. 504 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 13:MASTER PIYUSH BAHETI REPRESENTED BY HIS MOTHER SMT. SANTOSH BAHETI (PETITIONER NO. 12). RESIDENTS OF FLAT NO. 504 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 14:SAGAR SANCHETI FLAT NO. 501 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 15:BIMAL KISHOR BIHANI RESIDENTS OF- FLAT NO. 503 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8. 16:RITU BIHANI RESIDENTS OF- FLAT NO. 503 GOLDEN RESIDENCY OLD FIRE BRIGADE LANE BEEL PAR CHATRIBARI GUWAHATI-8 Advocate for the Petitioner : MR S DUTTA, A K GHOSE Advocate for the Respondent : SC, GMC, SC, G M D A Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 28.09.2026 1. Heard Mr. S Dutta, learned counsel for the petitioner and Mr. S Bora, learned standing counsel, GMDA & GMC for respondent Nos.1 to 7. Though notices were duly served upon respondent Nos.8 to 16, however, none appears for them. 2. The respondent No. 8 preferred a Title Suit registered as TS No.246/2005, against the Guwahati Metropolitan Development Authority (GMDA), the Town Planner, The Chief Executive Officer and the petitioners herein, seeking a declaration that notices dated 28.04.2005 No.GMDA/UC/34/05/10 and GMDA/UC/34/05/12 dated 31.05.2005 and order No.GMDA/UC/34/2005/46 dated 22.11.2005 are illegal, arbitrary, mala fide, unauthorized and without jurisdiction. 3. The defendant No.4 therein i.e., the present petitioner filed a counter claim alleging illegal construction of the 5th floor and matters relating to the boundary wall. The suit was dismissed by the learned Munsiff under its judgment dated 18.06.2013. 4. The learned Munsiff held that the construction carried out by the plaintiff on the 5th floor of the scheduled Page No.# 5/6 property is illegal and without any permission from the concerned authority, and is therefore liable to be demolished. 5. The counter claim was also partly allowed with a direction that the portion of the compound wall of the building mentioned in the schedule of the counter claim is required to be demolished. The first appeal as well as second appeal preferred by the plaintiff also failed. 6. In the aforesaid backdrop, the present writ petition is filed alleging that, though the GMDA/GMC authority is required to demolish the 5th floor, they are not honouring the decree and also not acting upon their own decision to demolish such floor. 7. Per contra, Mr. S. Bora referring to a communication dated 15.02.2024 submits that notices for vacating the 5th floor has already been issued and on instructions, he submits that they will complete the process and their decision to demolish the illegal construction of the 5th floor within a very short time. 8. In view of the aforesaid submission, in the opinion of this court nothing survives in this writ petition as regards demolition of the 5th floor of the building in question. It is significant that such direction has already been issued in the judgment dated 18.06.2013, passed by the learned Trial Court in Title Suit No.246/2005. 9. At the same time, even in the absence of any such decree, the GMDA authorities are under bounden duty to Page No.# 6/6 demolish illegal constructions, more particularly, when any construction is without permission, inasmuch as the authorities have already determined that the 5th floor construction is illegal construction and without any permission. 10. Be that as it may, for the demolition of the boundary wall, when a decree is already there in favour of the petitioner, the learned counsel submits that he will suggest his client to file an application for execution of such decree. 11. With the aforesaid, the writ petition stands disposed of. However, liberty is granted to the petitioner to approach this court once again, if the GMDA authorities fail to act and proceed in accordance with law within a reasonable time. JUDGE Comparing Assistant