CHITRA DEY Vs. SHILLONG MUNICIPAL BOARD

JUDGEMENT

(1.) HEARD Mr. K Paul, learned counsel for the petitioners, Mr. K Baruah, learned counsel for the respondent No. 1 & 2 and Mr. S. Sen, learned counsel for the respondent No. 3.

(2.) THESE writ petitions, assailing the eviction notices issued by the respondent No. 2 i.e. Chief Executive Officer, Shillong Municipal Board, Shillong, East Khasi Hills District, Meghalaya, having the same date i.e. 02.07.2010 to each of the writ petitioners for eviction from the Stalls of the Shillong Municipal Board occupied by them for development purposes, are jointly heard for disposal by a common judgment and order.

(3.) THE writ petitioners i.e. (i) Smit. Chitra Dey of WP(C) No. 210/2010, (ii) Smti. Jayshree Ghosal of WP(C) No. 211/2010, (iii) Madhu Sudhan Paul of WP(C) No. 213/2010, (iv) Shri. Pradip Datta of WP(C) No. 214/2010, (v) Shri. Karuna Sindhu Ghosh of WP(C) No. 164/2012 and (vi) Shri. Gopinath Saha of WP(C) No. 165/2012, had entered into agreements i.e. (i) agreement dated 18.03.1999, (ii) agreement dated 09.01.1991, (iii) agreement dated 25.03.1999, (iv) agreement dated 10.01.1991, (v) agreement dated 03.09.1983 and (vi) agreement dated 31.07.1991 respectively with the Shillong Municipal Board (for short 'SMB') for running their businesses on the terms and conditions mentioned in the agreements in the Stalls i.e. (i) Stall No. 277 (1st Floor, 140 sq. ft.), (ii) Stall No. 299 (1st floor, 150 sq. ft.), (iii) Stall No. 234 (160 sq. ft.), (iv) Stall No. 272 (1st floor, 150 sq. ft.), (v) Stall No. 242 (1st Floor, 100 sq. ft.), and (vi) 105 sq. ft. at the First Floor at the Jail Road respectively. The writ petitioners are not paying the rents/fees for occupying the said stalls to the SMB for the last many years and the writ petitioners of WP(C) No. 210/2010, WP(C) No. 211/2010, WP(C) No. 213/2010 and WP(C) No. 214/2010 are occupying the said stalls without paying the rents/fees i.e. in respect of writ petitioner of WP(C) No. 210/2010, last payment of rent/fee for occupying the stall was on 27.03.2009, in respect of writ petitioner of WP(C) No. 211/2010, last payment of rent/fee for occupying the stall was in the month of March, 2008, in respect of writ petitioner of WP(C) No. 213/2010, last payment of rent/fee for occupying the stall was on 09.04.2009 and in respect of writ petitioner of WP(C) No. 214/2010, last payment of rent/fee for occupying the stall was on 08.07.2010. The writ petitioners of WP(C) No. 164/2012 and WP(C) No. 165/2012 are the habitual defaulters in payments of rents/fees and they also did not pay rents/fees before they were evicted.