M RANI Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) This writ petition under Article 226 relates to settlement of lease to collect toll by the Syietn of Mylliem for lewduh market and lewduh Parking lot for the period frm 1.4.2001 to 31.3.2002.

(2.) Facts briefly are that on 26.2.2001, the Syiem of Mylliem settled the lease for collecting tolls in the aforesaid market place and the parking lot in favour of the petitiomer for period of one year from 1.4.2001 to 31.3.2002. Pursuant to the said settlement, agreements were executed by the Syiem of Mylliem and the petitioner on 26.2.2001. Under the said lease agreements the petitioner was to pay a sum of Rs. 13,00,000/- for the market place for the entire period frcom 1.4.2001 to 31.3.2002 and a sum of Rs.5,00,0007- for the parking lot for the entrtre period for the year 2001-2002. Pursuant to the said lease agreement, the petitioner deposited a sum of Rs.6,95,0007- on 26.2.2001 as advance for the period of six months for the market place and a sum of Rs. 1,05,0007- for the parking lot on the same day with the Syiem of Mylliem. On or about 29.3.2001, the respondent No. 5 submitted an application before the Executive Committee, Khasi Hills Autonomous District Council, Shillong, stating therein, inter alia, that by a lease agreement executed by the Syiem of Mylliem and the respondent No. 5 on 5.5.99, the aforesaid market and the parking lot had been leased out to him for a period of five years with effect from 1.4.99 to 31.3.2002 for a total sum of Rs.26,20,0007- and the respondent No. 5 had already paid the entire amount of Rs.26,10,0007- to the Syiem of Mylliem. On the said application of the respondent No. 5, the Executive Committee Khasi Hills Autonomous District Counciil, Shillong passed an order dated 29.3.2001 restraining the Syiem of Mylliem from leasing the aforesaid market and the parking lot pending disposal of the said application of the respondent No. 5 and allowed the respondent No. 5 to collect toll and deposit the agreed amount with Syiem of Mylliem. The petitioner then filed an application before the Executive Member, In-charge Market, Khasi Hills Autonomous District Council, praying for vacating the said order dated 29.3.2001. Simultaneously, the Syiem of Mylliem also filed an application on or about 3.4.2001 before the Executive Member, In-charge, Market, Khasi Hills Autonomous District Council, for vacating the said order dated 29.3.2001. When the said order dated 29.3.2001 was not vacated by the Executive Member, In-charge Market, Khasi Hills Autonomous District Council, Shillong, the petitionr filed the present writ petition with inter alia prayer for quashing the said order. While the matter was pending before this Court, the petitioner received a communication dated 17.4.2001 from the Under Secretary, In-charge Market etc., Khasi Hills Autonomous District Council, Shillong, that the Executive Committee, Khasi Hills Autonomous District Council, has left it to this Court to decide the dispute between the parties in the present writ petition.

(3.) Mr BW Phira, learned counsel for the petitioner submitted that by a circular dated 14.8.96 issued by the Joint Secretary, Khasi Hills Autonomous District Council, all the concerned Syiem under Khasi Hills Autonomous District Council were informed that the Executive Committee directed all the Syiemship and Lyngdoh to strictly follow and adhere to the directions specified in the said circular. One of the directions in the said circular is that the leases of markets and other assets of the Syiemship and Elakas shall be for one year at a time and the lease should be settled in the month of March each year, meaning thereby, the lease shall commence from the month of April of the particular year and shall end on 31st March of the following year. Mr Phira vehemently argued that since as per the said direction of the Executive Committee of the Khasi Hills Autonomous District Council, a lease of market or parking lot can only be settled for one year, the respondent No. 5 could not have been settled with a lease of lewduh market area or parking lot for three years from 1st April, 1999 to 31.3.2002. Mr Phira further argued that, as a matter of fact, for this reason although the initial lease agreement dated 5.5.99 between the respondent No. 5 and the Syiem of Mylliem for the aforesaid market place and the parking lot was for a period of three years from 1st April, 1999 to 31st March, 2002, by a subsequent communication dated 13.7.2000 the respondent No. 5 was informed that the Durbar of Mylliem had cancelled the settlement by letter dated 5.5.99 and the lease agreement dated 5.5.99 between the Acting Syiem of Mylliem and respondent No. Sand has instead confined the lease for the lewduh market area and the parking lot for the year 2000-2001 which has expired on 31.3.2001. Mr Phira contended that if the respondent No. 5 was aggrieved by the said communication dated 13.7.2000 for cancellation of the letter dated 5.5.99 and the lease agreement dated 5.5.99 by the Durbar of Mylliem, the respondent No. 5 should have challenged the same before the appropriate forum. But the respondent No. 5 has not challenged the same and as a consequence the lease of the respondent No. 5 in respect of the aforesaid market place and the parking lot has expired on 31.3.2001 and there is no right or claim of the respondent No. 5 beyond 31.3.2001.