GMDA Authority Extends to Master Plan Areas Regardless of Gaon Panchayat Territorial Jurisdictions

The petitioner purchased land in Dharapur Revenue Village in 2016 and 2023, where a G+4 RCC building stood, originally constructed by a predecessor in 2006.

The predecessor had obtained a No Objection Certificate (NOC) from the 32 No. Dharapur Gaon Panchayat in 2006.

Following complaints from neighbors regarding drainage blockage and setback violations, the Guwahati Metropolitan Development Authority (GMDA) issued a show-cause notice on May 19, 2023, under Sections 87 and 88 of the GMDA Act, 1985.

A site inspection conducted in the petitioner’s presence revealed significant deviations, including ground floor extension to the boundary wall and unauthorized toilet construction in the rear setback.

The petitioner challenged the subsequent demolition order dated July 11, 2023, primarily arguing that the GMDA lacked jurisdiction as the land fell under the Gaon Panchayat.

1. Whether the subject property falls within the territorial jurisdiction of the Guwahati Metropolitan Development Authority (GMDA) under the GMDA Act, 1985.

2. Whether the impugned demolition order was passed in violation of the principles of natural justice and the statutory requirements of the GMDA Act.

The Court applied Sections 87 and 88 of the GMDA Act, 1985, which empower the Authority to stop unauthorized development and order the demolition of buildings constructed in contravention of the Master Plan or without requisite permission.

It relied on Notifications dated September 25, 1986 (under the Assam Town and Country Planning Act, 1959) and June 9, 2009 (under Section 21 of the GMDA Act), which extended the GMDA’s Master Plan and Zoning Regulations to the Dharapur area.

Regarding natural justice, the Court applied the "prejudice" exception as summarized in State of UP v. Sudhir Kumar Singh [para. 35] and Municipal Corporation, Ludhiana v. Inderjit Singh, holding that procedural infractions only lead to invalidity if actual prejudice is demonstrated.

The Court rejected the petitioner's jurisdictional challenge by verifying that Dharapur village was specifically included in the 1986 and 2009 notifications, thereby placing it under GMDA’s regulatory purview regardless of any prior Panchayat NOC.

The Court reasoned that Section 88 of the GMDA Act only requires a "reasonable opportunity to show cause," which was satisfied when the petitioner submitted a detailed reply to the May 2023 notice.

The Court noted that the site inspection—conducted in the petitioner's presence—confirmed indisputable deviations from the approved plan and violations of setback norms.

Applying the principles from Sudhir Kumar Singh, the Court found that since the facts of unauthorized construction were essentially undisputed and the petitioner participated in the process, no "real prejudice" was caused by the lack of a personal hearing.

On the second issue, it held that the procedure followed by the GMDA was statutory and did not violate natural justice.

The Court dismissed the writ petition, upholding the demolition order dated July 11, 2023, and concluded that the GMDA was legally authorized to proceed with the removal of the unauthorized portions of the building.