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Gauhati High Court · body

2005 DIGILAW 587 (GAU)

Khwairamban Bazar Stalls Assn. v. State of Manipur and Ors.

2005-08-10

M.B.K.SINGH

body2005
2. A registered Society formed by Shops/Stalls Owners of the B.T. Road (Block), Laxmi Bazar, New Market and Purana Bazar for welfare of its members and having its registration No. 337/M/SR/1991 under Manipur Societies Registration Act,1989, has filed this Writ petition through its Secretary and President This Court disposed of W.P(C) No. 234 of 2005 which was also filed by the same registered society on 18.5.2005 after noting the decision of the Government regarding providing of shop/stalls to all Municipal Stall Holders to be affected by widening of the B.T. Road and construction of Women Market As per the said Government decision, all the affected persons were to be allotted with shops and stalls in the temporary stalls constructed by the PDA, Manipur and also in the shopping Mall to be constructed by NBCC Ltd. A copy of the order of this Court is at AnnexureA/1 of the present Writ Petition. 3. On 13.6.05, the Chairperson, Imphal Municipal Council, issued an order bearing No. IMC/24/BT-Rd/NBC/2005 directing all the lessees/occupiers of stalls of Municipality to vacate their respective stalls within 17.6.2005 and shift to their allotted ones as identified by the 'Committee' constituted by the Government vide order No. 7 /14/04-MAHUD(Pt)dated 8.6.2005 without fails. It was also said that the number of existing stalls of the existing block shall have the same number in the said newly constructed market at the site of the former District Hospital. It was also ordered that anyone failing to obey the said order within the date specified would have to face the consequences without any further notice. A copy of the said order is at Annexure-A/3 of the writ petition. Being aggrieved apparently by the said order of the Chairperson, Imphal Municipal Council requiring all the lessees/occupiers of stalls of Imphal Municipality to vacate their stalls within 17.6.05 and thereby not giving sufficient time for shifting, the present petitioners filed W.P(C) No. 724 of 2005 and obtained an order from this Court on 17.6.05 to the effect that the respondents should give further 7 days' time for enabling the lessees/occupiers to shift to the new stalls and that no action was to be taken as against any of the concerned lessees/occupiers within a period of 7 days from that day on the ground of failure to comply with the said order of the Chairperson, Imphal Municipal Council. A copy of the said order of this Court is at Annexure-A/5. Thereafter, within the said extended period, the lessees/occupiers shifted to the temporary stalls. It is said that the lessees/occupiers of Imphal Municipality stalls of Purana Bazar shifted to the vacant stalls on the eastern side of the temporary market. The grievance of the petitioner is that those occupiers of the vacant stalls on the eastern side of the temporary market have been asked to vacate the said stalls by the Chairperson, Imphal Municipal Council and the O.C. of the City Control. 4. This writ petition has been filed praying mainly for: (i) implementation of the order of this Court dated 8.5.2005 passed in W.P(C) No. 234 of 2005 as regards the temporary rehabilitation to the members of the petitioners' Assn; (ii) restraining the respondents, particularly the officials of PDA, Imphal Municipal Council and the D.C. City Control from disturbing the peaceful possession of the stalls by some members of the petitioners' Assn. on the eastern side of the temporary market. 5. I have perused the affidavits in-opposition filed on behalf of the respondents-1, 2, 5 and 6 and the reply affidavit of the petitioner in the record. Documents filed by the parties are also perused. 6. Upon hearing the parties through their respective counsel and in the light of the materials before the Court, it is ascertained that in pursuance of its decision for providing temporary stalls to all Municipal Stall Holders affected by widening of the B.T.Road and construction of women's market, pending the construction of shopping Mall to be undertaken by the MBCC Ltd. the Government has started providing temporary stalls to them in the newly constructed market at the site of the former District Hospital. It was obviously for carrying out the said decision, Chairperson, Imphal Municipal Council, issued the said order dated 13.6.05 directing all the lessees/occupiers of stalls of Imphal Municipal Council to leave their respective stalls and shift to their allotted ones as identified by the Committee. It is also ascertained that some lessees/occupiers of stalls of Purana Bazar shifted to the vacant stalls on the eastern side of the temporary market and not to the stalls identified by the concerned Committee as the stalls meant for them. It is also ascertained that some lessees/occupiers of stalls of Purana Bazar shifted to the vacant stalls on the eastern side of the temporary market and not to the stalls identified by the concerned Committee as the stalls meant for them. According to the respondents, the said stalls on the eastern side of the temporary market are meant for and earmarked for the BT road stall holders. There is no dispute that 33 out of 54 stall holders of the Purana Bazar Group have already shifted to the stalls identified for and allotted for the group. The remaining 21 stall holders of Purana Bazar group are occupying the said stalls on the eastern side of the temporary market without authority and knowing fully that the said stalls have never been identified for and allotted to them for their occupation by the concerned authority. The petitioner is trying to justify the said unauthorized occupation by pointing out various flows and irregularities committed by the concerned authority in allotting the temporary stalls to Municipal stall holders In my considered opinion, the unauthorized occupation of the said stalls on the eastern side of the temporary market cannot be justified on the ground of the alleged flows and irregularities committed by the concerned authority. The said 21 stall holders of Purana Bazar Group are lessees of stalls of Imphal Municipal Council and they are to occupy the stalls allotted to them by the authority. They have no legal right to occupy the said stalls which have not been allotted to them. 7. In the result, the petitioner is not entitled to any of the reliefs prayed for in favour of its members who have been occupying stalls without any authority. This Writ petition is dismissed with the direction that the concerned respondents shall not force the said 21 licensee to vacate the said stall holders on the eastern side of the temporary market before expiry of 5 days from today so that they may shift to stalls identified for and allotted to them properly. No order as to costs. This decision will not also stand on the way of the parties coming to an amicable settlement regarding allotment of stalls in the said temporary market.