WP(C) 3515/2008 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY HON’BLE MR. JUSTICE P.K. SAIKIA Amitava Roy, J Heard Mr. N. Dutta, learned Sr. Counsel assisted by Mr. A.M. Buzarbaruah, learne d counsel for the writ petitioners/applicants and Ms. M. Hazarika, Senior Advoca te, assisted by Ms. A. Ajitsaria, Advocate for the Gauhati Metropolitan Developm ent Authority (hereinafter for short referred to as the GMDA/Authority). Briefly stated, the facts now relevant for the purpose of disposal of the procee dings in hand are that the petitioners had applied for building permission befor e the GMDA/Authority for constructing a 3(three) storied building and on a scrut iny of all relevant aspects, No Objection Certificates (for short hereinafter re ferred to as the NOC) dated 08.10.2003 & 19.10.2004 were accorded by the GMDA/Au thority in their favour. Seeking modifications to the building plans originally submitted and sanctioned, a request was made with the GMDA/Authority which was n ot acceded to. Instead, an order of demolition was issued by it alleging deviat ions from the plan, for which the No Objection Certificates had been granted. A spate of litigation followed, details whereof at the stage is inessential. It is submitted at the Bar that meanwhile the petitioners have effected the demo litions to bring their construction in conformity with the building plan, for wh ich the No Objection Certificates had been issued. Whereas, Mr. Dutta, on instructions has submitted that consequential repairs to the building following the demolition works would be necessary to make the same habitable, Ms. Hazarika has submitted that the petitioners may be permitted to d o so, whereafter, an application under the relevant Building Bye-laws of the GMD A/Authority seeking Occupancy Certificate may be made by the petitioners, so as to enable it (GMDA/Authority) to take an appropriate decision thereon following the necessary enquiries. The learned Sr. Counsel for the petitioners has affirm atively responded to this. In the above view of the matter, the present proceedings are closed permitting t he petitioners to make necessary repairs to the existing framework of the Buildi ng following the removal of the deviations from the plan, on which the No Object ion Certificates had been issued and to take appropriate steps to obtain Occupan cy Certificate from the GMDA/Authority, thereafter. On their turn, the GMDA/Aut hority would take expeditious step to appropriately consider the application for Occupancy Certificate and take a decision thereon, in accordance with law and m ore particularly the Building Bye-laws in force. It would communicate its decis ion to the petitioners at the earliest thereafter on the completion of this exer cise. No costs.