Petitioners Challenging Demolition Order Instructed to File Appeal with Appellate Authority under GMDA Act
In a recent ruling, the Gauhati High Court, presided over by Justice Manish Choudhury, dismissed a writ petition filed by Bimal Baishya and others challenging a demolition order issued by the Guwahati Metropolitan Development Authority (GMDA). The court directed the petitioners to seek remedy through an appeal to the designated Appellate Authority as per the Guwahati Metropolitan Development Authority Act, 1985.
The writ petition was filed against a consequential order dated June 18, 2026, which scheduled the demolition of unauthorized constructions, including a brick boundary wall and house, at Dharapur, Guwahati. These constructions allegedly violated the Building Bye-Laws and Sections 24 and 25 of the GMDA Act.
Justice Choudhury observed that the June 18 order was a consequence of a prior order dated November 19, 2025, issued under Section 88 of the GMDA Act, which directed the demolition of the unauthorized structures. The petitioners, having not challenged the original order, were advised by the court that the writ petition was not maintainable in the absence of such a challenge.
The court highlighted that the GMDA Act provides a statutory remedy through an appeal to the Appellate Authority, which is the appropriate course of action for the petitioners. The Appellate Authority, as designated by a notification from the State Government, is the District & Sessions Judge, Kamrup, Guwahati. This authority possesses the powers of a civil court and can hear and decide appeals, including those concerning unauthorized constructions.
The court further noted that the statutory period for filing an appeal is one month from the date of the order. However, the Appellate Authority has the discretion to condone any delay in filing for sufficient reasons. The petitioners expressed their intent to pursue this appellate remedy, and the court provided them a window of one month from the date of the judgment to file their appeal.
Justice Choudhury clarified that the observations made in the dismissal of the writ petition pertain only to its entertainability and should not be construed as judgments on the merits of the case. The Appellate Authority is tasked with deciding the appeal based on its own merits and legal standards.
This judgment underscores the legal framework in place for addressing grievances related to unauthorized constructions within the Guwahati Metropolitan Area, ensuring adherence to statutory processes and the role of appellate proceedings in such disputes.
Bottom line:-
Writ petition challenging a consequential order of demolition under the Guwahati Metropolitan Development Authority Act, 1985 is not maintainable without challenging the original order of demolition. Remedy lies in filing an appeal before the designated appellate authority under the Act.
Statutory provision(s): Guwahati Metropolitan Development Authority Act, 1985 Sections 24, 25, 71, 72, 73, 88
Bimal Baishya v. State of Assam, (Gauhati) : Law Finder Doc id # 2930221
