RANJU AGARWAL Vs. STATE OF ASSAM AND 10 ORS
HIGH COURT OF GAUHATI
State Of Assam And 10 Ors
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Manojit Bhuyan, J. -
(1.) Heard Mr. N. Dutta, learned senior counsel representing the petitioners assisted by Mr B. Dutta, Advocate. None to represent the State Respondents who are impleaded as respondent nos. 1, 2, 3 and 4. Mr. D. Mozumdar, learned senior counsel represents respondent no. 5, assisted by Mr. S. Biswas, Advocate. Respondent no. 7 is represented by Mr. K.N. Choudhury, learned senior counsel assisted by Mr. V.K. Singh, Advocate. Mr. V.K. Singh also represents respondent nos. 8 and 9 whereas respondent no. 10 is represented by Mr. R. J. Baruah, Advocate. There is none to represent respondent no. 11, though served.
(2.) Petitioners puts to challenge the Building Construction Permission dated 12.05.2014 and the subsequent Renewal Permission dated 05.02.2016, issued under the hand of the Chairperson, Tinsukia Municipal Board in favour of Gayatri Devi Choudhury (died on 07.11.2015) primarily on grounds that the same had been issued in violation of the provisions of the Assam Notified Urban Areas (Other than Guwahati) Building Rules, 2014 (in short 'Building Rules, 2014').
(3.) This Court has been called upon to decide on the locus standi of the petitioners in maintaining the present writ petition as well as to answer whether the Building Rules, 2014 has any application in the facts and circumstances of the case. This Court is also called upon to decide whether even if the Building Rules 2014 has any application to reinforce the challenge made by the petitioners, can any interference be made to the stage of the construction of the Building as obtaining today.;
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