"Why no action against Sagarika Regency," Gauhati High Court asks Sumit Sattawan for clarification

The commercial complex in Shillongpatty that houses apparel retailer Westside, Sagarika Regency which has a rooftop restaurant and lodging facility, has, according to the Silchar Municipality Board, flouted several laws while building the construction. Located in Shillongpatty Silchar, the commercial property has been dragged to the Gauhati High Court.

A PIL was filed earlier this year and the Gauhati High Court has been hearing the case since then. It was last listed on October 5 and will be listed again on October 19, 2020.

The PIL filed by Subrata Mazumdar and eight others against the owner of the complex Biswajit Roy, State of Assam. DC Cachar, Silchar Municipality Board, and others alleged that the commercial complex violated several laws and that is causing problems to the general public. In response, the Gauhati High Court asked the Deputy Commissioner of Cachar and Silchar Municipality Board to conduct an inspection and furnish an affidavit before the court with a detailed report of the inspection.

The inspection was carried and the bench of chief justice Ajai Lamba and Justice Manish Choudhury on September 16, 2020, said “The detailed report of the Assistant Engineer dated 24.03.2020 shows that – The permitted space by the Silchar Municipal Board to the respondents on the front set back (East) of the building was 8 meters. However, the respondent (Sagarika Regency) left about 7.03 meters. The space permitted for Cantilever projection was up to 1.50 meter, however, the respondent (Sagarika Regency) left about 2 meters of space. The space permitted for the rear set back (west) of the building was 11.21 meters but the respondent (Sagarika Regency) left only 2.67 meters of space and raised the construction on 9.71 meters of space.”

The report as stated in the Court’s order adds. “The space permitted for Cantilever projection of rear set back was 1.5 meter, but only 1.22 meter was left out. Space permitted for side setback (North) was 3.10 meter, however, only 1.20 meter was left out.”

It is not only the dimensions, but the report submitted after inspection finds more anomalies. “The building permission was meant for only commercial (General/Retail) purpose. However, it was used for commercial/Hotel/ Restaurant purposes by the private respondent (Sagarika Regency). The permitted number of floors by the Board was only B+G+IV, however, the constructed number of floors was B+G+V (one extra i.e. 5th R.C.C. floor) by violating the building permit. Under the Municipal Laws, Construction can cover 40% of the total land area, however, 71.38% of the land area has been covered by the construction in violation of relevant laws.”

Since the report submitted after inspection finds clear flouting of laws, the Gauhati High Court questioned the Silchar Municipality Board. Chief Justice Ajai Lamba’s order on September 16, 2020, reads, “We hereby call upon respondent No.2 (Sumit Sattawan, executive officer, Silchar Municipality Board) to apprise us as to why appropriate action has not been taken under the Municipal and other related laws although it has come to the notice of the authorities that the respondent has violated the laws causing inconvenience to the public at large.”

Lamba further added in his order, “In case, the explanation is not furnished by the respondent (Sumit Sattawan) by the next date of listing, we might require the personal presence of the officer in the Court to show cause as to why order passed by this Court has not been complied with.”

The case was listed for hearing on October 5, 2020. Silchar Municipality Board’s executive officer, Sumit Sattawan did not submit any clarification. S. Dutta, counsel appearing for Sumit Sattawan and Municipality Board, submitted before the court that “because of certain technical problem on September 14, 2020, he could not clearly comprehend what was dictated through the virtual Court and as such, could not inform the Silchar Municipal Board Authorities about the specific direction issued by this Court for furnishing the explanation, failing which the personal presence of the officer of the Board in the Court would be required.”

A bench of Chief Justice (acting) N Kotiswar Singh and Justice Manish Choudhury heard S. Dutta and ordered, “It has been submitted that because of non-communication of the order passed by this Court on 14.09.2020 to the concerned official i.e. the respondent no.2 (Sumit Sattawan), the aforesaid direction issued by this Court could not be implemented and therefore, prays before this Court to grant some more time to the respondent no.2 to do so.”

The order added, “D. Saikia, learned Senior Government Advocate, Assam, also submits that there were some audio issues on the date of passing of the order on that day.”

“In view of the above submission made, we are inclined to grant some more time, specifically to the respondent no.2 (Sumit Sattawan), to undertake exercise as directed by this Court on 14.09.2020 and furnish the explanation by 19.10.2020, failing which the respondent no.2, Sumit Sattawan, IAS, Executive Officer of the Silchar Municipal Board will appear before this Court in person on the next date.”

The owner of the Sagarika Regency, Biswajit Roy feels he is being targeted because of political and business rivalry. “Normally, we see NGOs and activists filing PIL. Here, I have been told by reliable sources that Rahul Roy is behind this PIL against my property,” said Roy. His brother, Ranjit Roy is a member of the Indian National Congress and was a ward commissioner.

Rahul Roy is the son of former Minister Gautam Roy and is also one of the owners of Hotel Riya Palace that rivals Sagarika in the hospitality business. “If my building is built illegally, why is the government using it since March. Why do all the ministers and politicians of the ruling party as well as the opposition prefer to stay in my hotel? I am not into politics and if some businessmen feel that by filing PIL against a rival they can grow then this is their herd mentality.”

Biswajit Roy backs his construction, “I don’t know when this inspection was done. What I can assure you is that I have left more space on each side compared to any other building in the vicinity. If they demolish my building, they will have to demolish half of the city,” he added.

Like the counsel of Sumit Sattawan, Biswajit Roy also said that he has not received any order from the court and all the communications were through unofficial channels.

Now the ball is on the Silchar Municipality Board. The executive officer needs to explain why it did not take any action despite knowing that the building flouted laws during construction.

Please note: We have corrected a spelling mistake in the story. In place of Ranjit Roy, by mistake, it got typed Ranjan Roy. We have corrected the same, sorry for the inconvenience.