The Gauhati High Court has refused to entertain a writ petition challenging a demolition schedule issued by the Guwahati Metropolitan Development Authority (GMDA), holding that the petitioners had not challenged the original demolition order. Instead, the Court granted them liberty to pursue the statutory appellate remedy available under the GMDA Act.
Background of the Case
The petition was filed by Bimal Baishya and four others against the State of Assam and other authorities after GMDA issued an order dated June 18, 2026, fixing July 6, 2026, for the removal of an alleged unauthorised boundary wall and residential structure at Dharapur in Guwahati.
According to GMDA, the construction violated the Building Bye-Laws and provisions of the Guwahati Metropolitan Development Authority Act, 1985. The demolition schedule was issued following an earlier demolition order dated November 19, 2025, passed after the authorities issued a show-cause notice, considered the petitioners' reply, and granted them a hearing.
Justice Manish Choudhury observed that the June 18, 2026 order was merely a consequential order implementing the original demolition direction issued in November 2025.
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The Court noted,
"Without there being any challenge to the original Order dated 19.11.2025, a challenge to the consequential order dated 18.06.2026 is not to be interfered with."
During the hearing, the petitioners submitted that they wished to avail the statutory appeal provided under the GMDA Act. The Court examined the relevant provisions and found that the Act provides an appellate mechanism before the designated Appellate Authority, which also has the power to condone delay in filing appeals where sufficient reasons are shown.
The High Court declined to entertain the writ petition and reserved liberty for the petitioners to file an appeal before the Appellate Authority within one month.
The Court further clarified that if an application for condonation of delay is filed, the Appellate Authority should consider it on its own merits after evaluating all relevant circumstances. It also made it clear that its observations were limited to the maintainability of the writ petition and should not influence the merits of the dispute before the appellate forum.
Case Details:
Case Title: Bimal Baishya & 4 Ors. v. State of Assam & 6 Ors.
Case Number: WP(C)/3459/2026
Judge: Justice Manish Choudhury
Decision Date: June 26, 2026
