GAUHATI MUNICIPAL CORPORATION Vs. INSTITUTE OF CHILD HEALTH AND MOTHER WELFARE HAVING ITS HEAD OFFICE

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 29-1-2007 passed by a learned Single Judge in WP(C) No.1679/2000 directing the Gauhati Municipal Corporation (for short "the GMC") to vacate the premises in its occupation of respondent No.1, Institute of Child Health and Mother Welfare (for short "the Institute") within a period of four months.

(2.) BROADLY, the facts of the case are that a Charitable Trust by the name of "Guwahati Public Hospital Trust" purchased a plot of land covered by Periodic Patta No.121 and Dag Nos.517 and 528 measuring about 3 Bighas along with a pucca house in Sarania village, Mouza Panbari in Kamrup district. The objectives of the Trust included establishing and maintaining a modern and up-to- date hospital at Guwahati for maternity and child welfare with facilities for training of nurses and midwives.

(3.) IT is in this background that in February, 1979 the Trust wrote to the Government of Assam to hand over the land and building to the Institute to enable it to run an indoor and outdoor medical treatment centre for children and mothers. IT appears that after some prolonged correspondence between the Institute and the Government of Assam and the Gauhati Medical College, possession of the building was handed over to the Institute some time in August, 1981.