Research › Browse › Judgment

Gauhati High Court · body

1986 DIGILAW 126 (GAU)

Tinsukia Development Corpn. Ltd. and Others v. Tinsukia Development Authority and Another

1986-12-03

K.LAHIRI, MANISANA

body1986
Lahiri, C.J.- The is an application under Article 226 of the Constitution of India directed against the order of Tinsukia Development Authority, a statutory authority, for short "the Authority". 2. The authority found that the petitioners had made ce­rtain constructions, shops or gummites, without sanction or approval of the authority which the petitioners were bound to take under the Assam Town and Country Planning Act, 1959, the rules framed there under as well as in terms of bye-laws framed by the authority in exercise of power under section 74 of "the Act". 3. One of the five evil giants is squalor or unplanned gro­wth of the country. The towns, cities and now even villages are coming up in unplanned manner without caring for the hy­gienic condition nor taking care of the health of the people. 4. The Act, the rules and the bye-laws are to safeguard the humen life in tune with the provisions contained in the Directive Principles of State Policy. It is the duty of the State to raise the level of nutrition, standard of living and improve pu­blic health as provided in Article 47 of the Constitution of India. The fundamental duties of the citizen outlined in Article 51A of the Constitution, in our opinion includes the State and other authorities to protect and improve our natural environme­nt. How is it possible to re-solve a problem without firm reso­lution of the people ? If unplanned buildings or constructions are allowed to be built which are detrimental to the health of the people, it amounts to encourage one of the giant evils de­stroying the fabric of our country to grow stronger. It would be anti constitutional precepts and anti people action. 5. The constrictions and restrictions imposed by or under the Rules and Regulations have not been questioned as invalid. We are of the tentative view that these are in tune with what has been imprinted in the preamble to the Constitution and the Directive principles contained therein. 6. Mr. D. N. Barua, the learned counsel for the petitioners realises the position and submits that the petitioners shall make an application within 20 days from today to "the authority" to permit or allow them to make constructions strictly in acco­rdance with the provisions of the Rules and building bye-laws. 7. Mr. 6. Mr. D. N. Barua, the learned counsel for the petitioners realises the position and submits that the petitioners shall make an application within 20 days from today to "the authority" to permit or allow them to make constructions strictly in acco­rdance with the provisions of the Rules and building bye-laws. 7. Mr. B. K. Das, the learned counsel representing the alleged occupiers of the constructions, submits that they shall not Stand on the way in any manner. The respondents shall consider the said application allowing the petitioner to make the constructions and/or adjust the construction strictly in acco­rdance with the provisions of the rules and building bye-laws. While considering the application, the authority shall undoubtedly consider public health, sanitation and conveniences of the people and at the same time bear in mind that they have certain reserved right or discretionary power under the building bye-laws. Mr. Barua assures us that the petitioners shall not make any further constructions, renovation, alteration, or change of the existing structures and the petitioners shall sincerely comply with the directions of the Development authority as true citizens in res­pect of any alteration, change of the constructions or keeping vacant space as shall be indicated by the authority. Mr. Borbora the learned counsel for the authority assures that the action of the respondents shall be strictly in accordance with the provisions of building bye-laws. 8. If so directed, the petitioners shall submit fresh site plan or plans and/or building plans and upon getting the requi­site sanction, they shall make constructions strictly in accorda­nce with the direction. 9. After receipt of the application from the petitioners, the respondents shall dispose it within 1 (one) month from the date of receipt of the application from the petitioners. 10. The parties shall be bound by this consent order. 11. However, if no application is filed by the petitioners wi­thin 20 days from today, the respondents may proceed to take action in pursuance of the notices already issued by the respondent. 12. With this consent order, we dispose of the writ appli­cation and all connected Misc. cases. However, there shall be for order as to costs.