Court On its Own Motion and Bhupendra Singh Anand v. State of Jharkhand
2007-08-27
M.KARPAGAVINAYAGAM, N.N.TIWARI
body2007
DigiLaw.ai
ORDER 1. As directed by this Court, in the meetings held on 17.1.2007 and 12.3.2007 under the chairmanship of Advocate General regarding compliance of the order passed by this Court on 4.12.2006 and after detailed and comprehensive discussion, various decisions have been taken and the following mutually agreeable formula has been arrived at: (1) The cubicle shops shall be provided in the rear portion of the building to the 47 vendors/shopkeepers who are doing their business in the ponds land under licence of R.M.C. The average area of the cubicle shops will be 20 square feet, which is on an average equivalent to or more than the preset area occupied by them. (2) Space for the 262 persons shall be provided in the halls constructed in the rear portion of the building with separate entry. The average space (area) provided to a vendor in the said hall will be 15 square feet (it may be more or less than 15 sq. ft. for a particular person depending on the fact whether his/her present occupancy is more or less than 15 sq.ft.), which is on an average equivalent to the present area occupied by them. (3) Entry or the cubicle shops and hall will be from the rear side of the building. (4) The hall in the rear portion of ground floor will be earmarked for non-vegetarian market and it will have separate entry from the rear side of the building. (5) The Reserve price for allotment of abovementioned space and other space in the building allocated to R.M.C. shall be decided by the R.M.C. at the time of allotment for the purpose of auction which will be reasonable. (6) The space will be provided by the R.M.C. to vendors/shopkeepers whose names are mentioned in the Advocates' Report in their respective categories on reserved price on priority basis on the terms an conditions of the R.M.C. (7) If somebody does not opt for the space provided to him by R.M.C. or failed to deposit the requisite amount, then R.M.C. will be at liberty to auction such available space and the same shall be allotted to other highest bidder. (8) R.M.C. will not entertain the claim of any person whose name is not included in the Advocates' Report.
(8) R.M.C. will not entertain the claim of any person whose name is not included in the Advocates' Report. (9) All other space allotted to R.M.C. other than the space mentioned above will be auctioned by R.M.C. and no body will have any claim to this space on any ground whatsoever. 2. In the meeting held on 17.1.2007, it was decided that so far the space allocation to 9 shopkeepers whose shops are facing Main Road is concerned, adequate space equivalent to their initial allotted area will be provided in the main portion of the building. In respect of allotment of space to 9 shopkeepers, again another meeting was held on 12.3.2007 in the chamber of the Advocate General in presence of all the parties, in which the following decisions were taken: Minutes of the meeting dated 17.1.2007 was confirmed after due deliberations with the following Amendment: The nine shopkeepers will give their mutually agreeable choice(s) of shop at the time of allotment and accordingly Ranchi Municipal Corporation, Ranchi, will allot them the shops in the front portion of the main structure of the market complex from its share on the ground floor. 3. So the Advocate General as well as the counsel appearing for the all parties would request this Court to record these terms and the same would be complied with by all the parties. Accordingly it is recorded. 4. Even though area was allotted to 262 persons on the basis of their agreement in the meeting held on 17.1.2007, the counsel appearing for 262 persons now submits that they have not agreed as they require more space. The Advocate General says that only on their agreement, the space was allotted to them. 5. Therefore, the Advocate General should ensure that all the terms agreed upon by the parties as mentioned in the minutes of 17.1.2007 and in the minutes of 12.3.2007 are complied with. It is open to 262 persons to approach the authority concerned for grant of more space. If more space is available, the authority concerned shall consider the same in their favour at the time of allotment. All I.As stand disposed of. 6. We hope that all the parties will co-operate in the process of construction and allotment works. 7. So far as Doranda Market is concerned, it is open to the party concerned to file fresh petition.
All I.As stand disposed of. 6. We hope that all the parties will co-operate in the process of construction and allotment works. 7. So far as Doranda Market is concerned, it is open to the party concerned to file fresh petition. With these observations and directions, these petitions are disposed of. Let copies of this order be given to the counsel for the parties. Petitions disposed of.