WP(C) 5717/2009 BEFORE HON’BLE MR JUSTICE H N SARMA Heard Mr A K Bhattacharjee, learned senior counsel for the petitioners and Mr D Saikia, learned counsel for the respondents. The petitioners in this writ petition are occupiers of various flats under Diha Builders and Trade Pvt. Ltd situated at Christian Basti, GS Road. The grievance of the petitioners is that they executed necessary legal documents with the builders to occupy those flats. In the meantime, they have come to kno w that their builders haves been served with a notice dated 16.12.2009 issued by the Gauhati Municipal Corporation under section 337(3) of the GMC Act directing the builders to remove or pull down the unauthorized construction described in Schedule- A to the said notice. The contention of the learned counsel for the petitioner is that the petitioners being the occupiers of the building and having acquired valid interest over tho se flats are entitled to a notice before carrying out the demolition operation; otherwise their interest would be highly prejudiced. Mr Saikia, learned counsel for the respondents has not raised any objection for service of such notice upon the petitioners. In view of the aforesaid fact situation, this writ petition stands disposed of w ith the direction that without serving any notice upon the petitioners under sec tion 337 (1) and (2) of the GMC Act, no action shall be taken in respect of the flats, which are under the occupation of the petitioners. With the aforesaid observations and directions this writ petition stands dispose d of.