ASHOK KUMAR GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioners who are 15 in numbers seeking a direction upon the Respondent Nos. 3 and 4 not to evict the Petitioners from their respective place without following the due process and in the alternative direct the Respondents to allot premises in the proposed shopping complex (Bharat Ratna-Atal Bihari Vajpayee Shopping Complex) as per their entitlement. From a perusal of the writ petition, it transpires that the Petitioners herein are small time vendors operating betel nuts shop, vegetables shop etc in and around the sheds constructed by the Hojai Municipal Board and the Petitioners herein pay certain amounts to the lessee so appointed by the Hojai Municipal Board. In the month of June, 2019 the Petitioners could come to learn that the Respondent No. 3 would be demolishing the two sheds in the Natun Bazar Market and would construct a shopping complex in the name and style of "Bharat Ratna-Atal Bihari Vajpayee Shopping Complex". Fearing that the Petitioners herein would be evicted from their place of business, the Petitioners have approached this Court seeking for the reliefs as above mentioned.

(2.) This Court vide an order dtd. 27/8/2019 issued notice and in the interim provided that the status-quo as regards the shop premises of the Petitioners shall be maintained till the next date.

(3.) This Court further finds it relevant to take note of an enquiry report so submitted by the Additional Deputy Commissioner, Hojai, Sankardev Nagar dtd. 6/12/2019. From a perusal of the said enquiry report, it reveals that there exists 5 open market sheds of almost similar size in the Natun Market area near Ema Koidel Nairemi Loop where weekly markets on Tuesday and Thursday are held. There also exists an open space including a pond in the vicinity. On weekly market days the area in the bank of pond and other free areas are used by various traders including the shopkeepers in the three open market sheds. The open market sheds are used by some of the shopkeepers including the Petitioners who sell vegetables, dry fish etc throughout the week. It was further mentioned that the Petitioners are vending from the open market shed on purely temporary basis and they leave the sheds late in the evening without keeping any material in the sheds for safety reasons. Further, again in the morning hours they start their business from the sheds. It was further mentioned that some local traders more particularly vegetable vendors are doing their business outside the market area throughout the week. During weekly market days the business is heavier with increased numbers of vendors in the market sheds coming from different areas. The Petitioners herein are doing business in shed Nos. 3 and 4. The Enquiry Report further reveals that the Petitioners were not allotted any space in the open shed by any authority nor they are paying any revenue to any authority directly. But the Petitioners are paying taxes to the lessee of the market like any other usual vendors who are vending both inside and outside the market sheds and the lessee is appointed by the Hojai Municipal Board. To the said enquiry report, certain snapshots including a site plan have been enclosed which this Court have duly perused.