D. BISWAS, J.: By this common judgment C.R. No. 5290/98 and WP(C) No. 4586/2000 are being disposed of as they relate to the same subject matter. 2.1 have heard Mr K.K. Mahanta and Mr G. Uzir, learned senior counsels for the petitioners. I have also heard Mrs M. Hazarika, learned counsel for the Gauhati Municipal Corporation and also Mr M. Bhagawati, learned State counsel. 3. C.R. No. 5290/98 has been filed by M/s. Das Tea Co., represented by its Managing Partner and W.P.(C) No. 45867 2000 has been filed by the Secretary, Fancy Bazar Municipal Market Dealers Association. For better appreciation, it would suffice if the facts mentioned in WP(C) No. 4586/2000 filed by the Association are referred to. 4. The old Fancy Bazar Municipal Market was constructed in the year 1905 AD with wooden structures and tin roof. After independence, the management of the market was vested with the then local Board and, thereafter, with the Gauhati Municipal Board. After enactment of the Gauhati Municipal Corporation Act, 1971, the management of the market was vested with the Gauhati Municipal Corporation, hereinafter referred to as the 'Corporation'. The said market was completely gutted in a devastating fire that broke out on 22nd February, 1989 rendering more than 450 vendors/tenants unemployed. The fire victims i.e., the vendors/tenants formed the petitioner Association primarily to protect their interest for rehabilitation in the Fancy Bazar Municipal Market Complex under construction over the old site. The District and Municipal Administration immediately after the fire incident imposed restrictions prohibiting the fire victims from entering into the site. The petitioner Association immediately filed C.R. No. 281/89 before this Court on 24.2.89 seeking mandamus to protect their interest. The Division Bench after hearing the said civil rule by the order dated 3rd April, 1989 gave certain directions to the State Government and the Gauhati Municipal Corporation. The directions are quoted below:- "(1) The State Government and the G.M.C. will provide temporary facilities for the licence holders of the Fancy Bazar market (persons who were authorised to vend business at the burnt out site) at Machkhowa site before May 1,1989. (2) The Machkhowa Public Bus Station will be shifted to Gar Pandu on or before July 7, 1989. (2) The Machkhowa Public Bus Station will be shifted to Gar Pandu on or before July 7, 1989. (3) The ground floor of the multi-storied market cum-office complex at Fancy Bazar, Gauhati to be constructed at the burnt out site, will be made available on or before December 1st, 1989 subject to extension of this period or timetable only on the opinion tendered to this Court by the Architect of Upen Kakati & Associates, Architects & Engineers, Gauhati. (4) On completion of construction of the multi-storied market cum office complex at Fancy Bazar the persons who were entitled to do business at Machkhowa temporary market will be settled at the multi-storied market cum office complex, and the Machkhowa temporary .market will be vacated. (5) The State Government and all district authorities of Kamrup District to tender such help and assistance to the G.M.C. from time to time as the situation warrants." 5. Thereafter, the Division Bench in Misc. Case No. 171 and 192 of 1989 arising out of C.R. No. 281 of 1989 passed the following orders: "In furtherance of our order dated April 3, 1989 passed by this Court in Civil Rule no. 281 of 1989 we incorporate the following terms of agreed order represented by the counsel representing parties in this case. (1) The vendors in the burnt out premises shall occupy the premises at Machkhowa in this month, if not already occupied. (2) The rent for the room will be Rs.3/- (Rupees three) only per sq.ft. and the rent will be charged and payable from June 1,1989. (3) Each stall holders shall be charged Re.l/-per day from June 1st, 1989. (4) Within three days of the receipt of the letter the allottee will enter into the agreement with the Corporation and on execution of the said agreement, the possession of the room/stall will be delivered to him. (5) The allottee will have to pay rent as would be determined per month. If the allottee fails to pay rent, he will be liable to be evicted. (6) As soon as permanent allotment of rooms/ stall is given to the allottee in the Fancy Bazar market, this temporary allotment shall stand cancelled and the allottee will have to deliver possession of the temporary room/stall in Machkhowa immediately. If the allottee fails to pay rent, he will be liable to be evicted. (6) As soon as permanent allotment of rooms/ stall is given to the allottee in the Fancy Bazar market, this temporary allotment shall stand cancelled and the allottee will have to deliver possession of the temporary room/stall in Machkhowa immediately. If the allottee fails to deliver the possession to the Corporation in the temporary market after allotment in the permanent market at Fancy Bazar, his allotment in the Fancy Bazar shall also be cancelled. (7) A sub meter will be installed by you at the cost of the allottees in the room and the allottees will have to pay electricity bill as per reading of the said sub-meter. (8) Allottees will submit two copies of passport size photograph along with agreement. (9) The allottees will carry on the business in the room of the stall allotted to the allottees after taking trade licence required to be taken as per law. (10) The allottees shall carry on business in the room allotted by the Corporation. In the event of any partner or the person is taken conjointly along with the allottee the Corporation shall be informed. In absence of any information no such person will be recognised as entitled to do business in the allotted premises except the one to whom it was allotted. (11) A pro forma agreement signed by the learned counsel for the parties shall be placed on the records not only for reference but also for future compliance." 6. There is no dispute with regard to temporary accommodation of the fire victims pursuant to the aforesaid direction. Presently their grievance is confined to the allotment of permanent accommodation in the Fancy Bazar market which is still under construction. 7. The Gauhati Municipal Corporation in their affidavit-in-opposition, submitted that all efforts are being made for completion of the construction of the market at Fancy Bazar to rehabilitate the fire victims. The Corporation has already spend a sum of Rs.4.5 crores in the construction of the said complex and it requires another sum of Rs.4 crores to complete the same. The Corporation is trying to mobilise the required fund from all probable sources. In para 12 of the affidavit, it is submitted that the General Council in its meeting held on 9.12.98 decided to allot 310 rooms/stalls to accommodate the fire victims. The Corporation is trying to mobilise the required fund from all probable sources. In para 12 of the affidavit, it is submitted that the General Council in its meeting held on 9.12.98 decided to allot 310 rooms/stalls to accommodate the fire victims. A high level committee has also been constituted to take care of the procedure to be adopted for allotment of the rooms to the fire victims. In para 24 of the affidavit, it is submitted ' that the Secretary to the Govt of Assam, Guwahati Development Department by the letter dated 20th April, 1998 addressed to the Commissioner, Guwahati Municipal Corporation directed not to issue any order of allotment of shops in the newly constructed complex at Fancy Bazar until comprehensive instructions are issued by the Government under Section 422(1 )(b) of the Guwahati Municipal Act, 1973. By the letter dated 7th May, 1999 the Secretary to the Govt. of Assam directed the Commissioner of the Corporation to collect security deposits from intending persons after inviting tenders keeping aside the required number of rooms of those whose shops were gutted in the fire. The Government of Assam also constituted a committee to suggest the procedure to be adopted for allotment of the rooms at the Fancy Bazar complex. The committee in its meeting dated 9.8.2000 took the following decisions. “i. It is likely that some of the original tenants in the meantime may have expired, some have discontinued business and some more might have transferred their tenancy to others illegally and others are doing their business in the temporary market at Machkhowa to the great detriment of city dwellers of the area. It is, therefore, resolved that only the real tenants amongst the fire victims be considered for allotment of rooms/stalls in the newly constructed market complex. ii. The completion of the market will require more than Rs.4.00 crore and to tide over the financial crisis of CMC, the Government of Assam be requested to sanction a sum of Rs.2.5 crore so that the market complex can be made ready for use at an early date. iii. ii. The completion of the market will require more than Rs.4.00 crore and to tide over the financial crisis of CMC, the Government of Assam be requested to sanction a sum of Rs.2.5 crore so that the market complex can be made ready for use at an early date. iii. The committee was of the opinion that as the GMC coffer is poor and not in a position to invest anything in the Fancy Bazar Market Complex, the tenants be charged a modest rate as noted under: a) Each real fire victim be given one room/ stall @ 50% of the current market value. b) Each real fire victim who had more than one stalls/rooms in the old market may be given; another room/stall at full market value. c) This real fire victims who lay claim for more than two rooms, they will be required to participate in the open tender. d) For rooms/stalls in excess of the ones allotted to the fire victims, open tenders would be invited and as per decision of the General Council of the Corporation the Councilors nominee(s) would also be able to participate in the process, iv. Resolved that a technical committee be constituted with the following members to prepare the necessary modalities of allotment of rooms/stalls. a) Dr. P.C. Sarma, Administrator, GMC-Chairman. " b) Dr. A.K. Bhutani, IAS, Commissioner, GMC-Convenor. c) Shri G. Ganguly, Addl. D.C., Kamrup-Member. d) Shri J. Sarma, Ex-Engineer, PWD-Member. v. Resolved that the proceedings be sent to the Guwahati Development Department, Government of Assam for necessary approval. vi. Resolved also that as soon as the approval of the Government is obtained, a meeting with the representatives of the fire victims be held for taking appropriate steps." 8. The committee constituted to formulate the modalities for allotment of rooms/stalls in its meeting dated 9.8.2000 took the following decisions. "i. Joint Commissioner will initiate action for obtaining the list of real fire victims with their recent photograph to facilitate allotment of rooms/stalls in the Fancy Bazar Market Complex. ii. The Technical Committee members will visit the market complex and examine the feasibility of arranging the business establishment according to nature of business. iii. The Technical Committee will also direct the Contractor concerned to stop water leakage in the ground floor within stipulated time. iv. ii. The Technical Committee members will visit the market complex and examine the feasibility of arranging the business establishment according to nature of business. iii. The Technical Committee will also direct the Contractor concerned to stop water leakage in the ground floor within stipulated time. iv. For determining the rent of the rooms/stalls in the market the Joint Commissioner will collect the value of land from DC's office immediately. v. Under no circumstances the real fire victims be allotted more than two rooms/stalls and the ownership of the rooms/stalls shall not be transferred to other person for carrying out business in the market complex. vi. It is presumed that there might be Court cases while starting the process of allotment of rooms/stalls. In view of this the Commissioner is requested to obtain caveat in the Hon'ble High Court and other Courts before allotment of rooms/stalls as a precautionary measure. For this purpose a lawyer having reputation may be engaged by the Commissioner to deal with the matter. vii.The Technical Committee will also suggest ways and means for availability of required fund besides suggesting modality of allotment of rooms/stalls according to their size and nature of business. viii. Open tender will be called for allotment of rooms/stalls other than the rooms/stalls to be allotted to the real fire victims. The previous tender inviting offer from intending businessman will stand cancelled." 9. It appears that apart from various other aspects the Joint Commissioner was authorised to finalise the list of fire victims with their recent photographs to facilitate allotment of rooms/stalls in the Fancy Bazar Market Complex. There is nothing in the affidavit to show that any such list has been prepared by the Joint Commissioner. The fact remains that the fire victims were accommodated temporarily at Machkhowa and the particulars of the fire victims accommodated there temporarily must be available with the Corporation. This Court by order dated 23.9.2002 directed Mrs. M. Hazarika, learned counsel for the Corporation to produce the list of fire victims as referred to in the letter No. GMT/2/98/3553 dated 5.6.98 written by the Commissioner of the Corporation to the Secretary, Guwahati Development Department. The said list has not been produced despite orders by the Court. This Court by order dated 23.9.2002 directed Mrs. M. Hazarika, learned counsel for the Corporation to produce the list of fire victims as referred to in the letter No. GMT/2/98/3553 dated 5.6.98 written by the Commissioner of the Corporation to the Secretary, Guwahati Development Department. The said list has not been produced despite orders by the Court. There is no dispute that this list contains the names of the fire victims admittedly accommodated at Machkhowa temporarily and it is not difficult for the Corporation to finalise the list after taking into consideration the particulars of the actual occupants of the Machkhowa market complex and the details of the fire victims mentioned in the aforesaid letter dated 5.6.98. Appropriate direction in this behalf is, therefore, considered necessary as a first step towards resolution of the controversy. 10. There cannot be any dispute that the lessees of the erstwhile Fancy Bazar market whose tenancy expired in the meantime but were in business in the Fancy Bazar on or before the date of fire incident will have to be treated with compassion. Therefore, there is no option with the Corporation but to recast the list of fire victims as per provisions of law. The lessees who have discontinued their business and/or have transferred their tenancy to others without authority will have to be screened out and may not be entertained by the Corporation for allotment of rooms/stalls unless they compete, with the outsiders as envisaged by the Government and the Corporation. It is for this purpose an exercise in this behalf is urgently necessary. It is unfortunate that the Corporation has not initiated any exercise to sort out the problem. Considering the gamut of the situation, this Court has no doubt that appropriate scrutiny/screening will have to be undertaken to settle the matter once for all. Besides, an endeavour will have to be made for mobilisation of fund to complete the left over construction without further loss of time. 11. In the facts and circumstances of the case, both the. writ petitions are proposed to be disposed of with the direction that the Corporation shall within a period of three months from today finalise the list of five victims who were in business with licence/authority from the Corporation on or immediate before the date of the fire incident. 11. In the facts and circumstances of the case, both the. writ petitions are proposed to be disposed of with the direction that the Corporation shall within a period of three months from today finalise the list of five victims who were in business with licence/authority from the Corporation on or immediate before the date of the fire incident. The list shall include the names of those fire victims who were also in possession and doing business despite expiry of their licence/tenancy. The first category of fire victims will be those who were in business having valid and subsisting licence/authority. They will be entitled to allotment of rooms/stalls on priority. The second category shall consists of those fire victims who were in possession though their licence/tenancy were not in force. The allotment of rooms to the second category will have to be made after formalising their licence/tenancy in accordance with the provisions of the Guwahati Municipal Corporation Act and the bye-laws framed thereunder. 12. In the meantime, the Corporation shall make all efforts to mobilise funds to complete the construction.. If the construction cannot be completed within six months, the fire victims of the first and the second category as indicated above may be asked to contribute the balance amount required for completion of construction proportionate to their respective share of area in the market complex. The High Power Committee and the Technical Committee shall sit together to formulate the modalities for adjustment of the amount to be paid by the fire victims and the terms and conditions of settlement within the provisions of law. After completion of the exercise as above, surplus rooms/stalls, if any, shall be settled by inviting tenders. This exercise be initiated simultaneously to augment necessary funds to complete the construction after working out the exact number of additional rooms/stalls available minus the number of rooms/stalls required for rehabilitating the fire victims of both the categories. 13. The writ petitions are disposed of in terms of the discussion made hereinabove. The respondent authority is directed to comply with the directions within a period of six months from today. The directions are summarised below: -1) The list of fire victims of Category-I and Category-II shall be finalised within a period of three months from today on the basis of the criteria laid down in this judgment. The respondent authority is directed to comply with the directions within a period of six months from today. The directions are summarised below: -1) The list of fire victims of Category-I and Category-II shall be finalised within a period of three months from today on the basis of the criteria laid down in this judgment. 2) Steps should be taken to work out the additional rooms/stalls for sale/ settlement by inviting tenders for the purpose of raising fund within a period of three months from today. 3) All efforts be made to mobilise fund from other available sources for expeditious completion of the construction within a period of six months from today. 4) In the event the resources mobilised is not adequate to meet the remaining cost of construction, the additional amount required may be levied upon the fire victims of Category-I and Category-II proportionate to their respective share of area in the market complex. The amount to be contributed by the fire victims shall be adjusted against the rent/taxes as per modalities to be formulated by the High Power Committee and the Guwahati Municipal Corporation. 5) If any of the allottees (fire victims) fail to contribute his part of the amount required for completion of construction within a reasonable period, not less than six months, the stall/room proposed to be allotted in his favour will be available for allotment/settlement to the outsiders by tender process. 6) The Commissioner, Guwahati Municipal Corporation is to ensure compliance of these directions meticulously within the period specified. 14. No costs.