Deepak Verma, J. - (1.) LEAVE granted.
(2.) THE principal question that emerges for consideration in these appeals is whether to sustain the order of demolition as passed by the Gauhati High Court vide impugned judgment and order or to put an imprimatur of this Court to the unauthorised constructions raised by M/s. Priyanka Estates International (P) Ltd. (Appellant No.1 herein) beyond 5= floors. Facts material for deciding the said appeals are mentioned hereinbelow. For the sake of convenience, the facts appearing in SLP (C) No. 14480 of 2006 titled as M/s Priyanka Estates International (P) Ltd. and Others Vs. State of Assam and Others are taken into consideration. Appellant No.1 is a company of which Appellant Nos.2 and 3 are Directors. Appellant No.1 herein purchased an open piece of land approximately admeasuring 4.62 Kathas from one Smt. Nandita Banerjee on 9.8.1999 by registered deed of sale. Prior to execution of sale, the vendor of Appellant No.1 applied to Guwahati Metropolitan Development Authority (hereinafter referred to as 'GMDA') for grant of 'No Objection Certificate' for sale of land. The said permission was accorded on 17.7.1999 mentioning therein that permission is granted for "residential-cum-commercial use" of the said plot and that proposed width of the road abutted by plot is approximately 50 feet.
(3.) PURSUANT to the said permission, Sale Deed was executed in favour of Appellant No.1, whereafter it applied to Guwahati Municipal Corporation (hereinafter referred to as 'CMC') on 16.11.1999 for according permission for construction of basement, ground, mezzanine, first, second, third, fourth and half of 5th floors. The permission was accorded to M/s. Priyanka Estates International (P) Ltd. on 03.02.2000 by the CMC for construction of basement, ground floor, mezzanine upto fourth floor and half on the 5th floor. For 1st floor to fourth, the floor area permissible was 7283 sq. ft. but on 5th floor, the permissible floor area was fixed at half of it, i.e., 3817 sq. ft only. It was granted on certain conditions as mentioned in the sanction dated 3.2.2000. Thereafter, on 08.02.2000, Appellant No.1 applied for grant of permission for construction of remaining part of 5th , 6th, 7th and 8th floors. This permission was refused by CMC on 27.3.2000 on the following grounds. "i) Maximum allowable height of building can be 76' and proposed height would be 93'. ii) The margin on both sides and rear is less than required norms. iii) FAR is exceeded than allowable 300. iv) The structural certificate is not submitted." So, proposal for 5th (part) 6th, 7th and 8th floor building, permission was rejected.;