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2016 DIGILAW 570 (GAU)

Bichitra Boro v. State of Assam & 8 Ors.

2016-06-20

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. Mr. D Mazumdar, learned senior counsel assisted by Mr. IH Saikia and Ms. J Kakoti, learned counsel for the petitioner. Mr. D Saikia, learned senior counsel and Mr. S. Bora, learned counsel for Guwahati Municipal Corporation. 2. In the present Public Interest Litigation filed by the General Secretary of Beltola Puberun Sangha, it is alleged that Guwahati Municipal Corporation is illegally permitting Beltola Bi-Weekly Market on the PWD Main Road extending from Beltola Tiniali upto Jayanagar Chariali instead of Beltola Bi-Weekly Market area which has been under construction since 2012. According to the petitioner, holding of Bi-Weekly Market on the road has caused great hardship and inconvenience to the local residents particularly on account of uncontrolled traffic movements, indiscriminate parking and throwing of garbage. 3. Having regard to the averments made in the petition, this Court vide order dated 4.4.2016, directed the Commissioner, Guwahati Municipal Corporation to take immediate steps for redressing the grievance of the residents of Beltola. And in compliance of the order, the Commissioner has reportedly taken effective steps to regulate the Bi-Weekly Market in question. 4. The learned counsel for the petitioner has fairly agreed that grievances of the local residents have now been redressed substantially. We expect and hope that the Commissioner, Guwahati Municipal Corporation will continue to regulate the Bi-Weekly Market and ensure that local residents of Beltola are not put to any inconvenience and hardship. 5. As regards the professional interest of the Contractor, in whose favour Bi-Weekly Market has been settled, we can only say that larger public interest overrides individual interest. The Contractor, if he is aggrieved with the reduction of marketing hours, can approach the Commissioner, Guwahati Municipal Corporation, for adjustment of the tender amount or for cancellation of settlement including refund of security. Needless to mention that Commissioner, Guwahati Municipal Corporation will consider the representation of the Contractor in this regard in proper perspective. With the above observation and direction, writ petition stands finally disposed of.