Decided on September 09,1994

Hiralal Phukan Appellant
State of Assam and Others Respondents


D.N. Baruah, J. - (1.)Petitioner along with Shri P.C. Katoky. a Senior Advocate of this Court jointly purchased a plot of land measuring 2 Kathas and 2 Lechas covered by Periodic Patta No. 47 and Dag No. 185 (New) in Beltola Mouza, Village Dispur from one Shri Jadav Chandra Barman of Guwahati. After the aforesaid purchase. the petitioner by yet another registered deed of sale dated 19-12-72 purchased from Shri Bijuli Sahani another plot of land measuring 5 Lechas covered by the said dag and patta. Thereafter, by a registered deed of sale dated 3-4-73 Shri Pabitra Chandra Katoky with whom the petitioner jointly purchased the adjacent plot of land measuring 2 Kathas 2 Lechas in the same dag, sold his right, title and interest over his share of land to the petitioner. The petitioner thus became the absolute owner of the total area of land measuring 2 Kathas 7 Lechas covered by aforesaid periodic patta No. 47 and Dag No. 185(B) (New). Out of the aforesaid total area, an area measuring 2 Kathas 2 Lechas of land had been duly mutated in the name of the petitioner on 11 -3-89 and the present case relates to the said plot of land. The remaining 4 Lechas of land was mutated thereafter on 20-8-88 in the name of the petitioner.
(2.)On the aforesaid land measuring 2 Kathas 7 Lechas petitioner started a restaurant business under the name and style "Hotel Saumar" in 1975. In 1984 the petitioner prepared a plan for construction of a commercial complex on the aforesaid plot of land in place of the Old Assan type building and for that purpose he submitted application seeking permission to erect a commercial building on the eastern side of his plot.
(3.)By order dated 12-9-85 issued under Memo No. MCG/BP/981/77/22, the Commissioner, Gauhati Municipal Corporation accorded permission for construction of the building. Therefore, the petitioner dismantled the old Assam type hotel building and in the early part of 1986 completed the construction of the RCC building and let out to various persons. Thereafter, by application dated 19-6-89, the petitioner requested the Gauhati Municipal Corporation for permission to extend the aforesaid building towards the northern side of the plot. The aforesaid application was still pending.

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