MD HAREN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Konwar, the learned Counsel appearing for the petitioners in the WP(C) No. 1023/2009. The petitioner in the WP(C) 4478/2007 is represented by advocate Mr. S.C. Biswas. M/s. Priya Travels (respondent No.8) is represented by Mr. B. Talukdar, the learned Counsel. The learned Government Advocate Mr. J. Handique appears for the other official respondents while the Commissioner of Transport is represented by the Standing Counsel for the Transport department.

(2.) The matter pertains to the traffic congestion and inconvenience caused by parking of buses by the respondent M/s. Priya Travels and the petitioners contend that the private respondent is illegally operating their bus stand in the heart of the Daboka town without any trade licence or legal authority.

(3.) On 30.9.1991, the SDO, Hojai with the consent of the land owners allowed M/s. Priya Travels to utilise 2 Katha 10 Lechas of land on the Daboka-Diphu Road. But it was specified that the buses should not be parked outside of the specified land and the vehicle should not be parked on the Government land and cause obstruction. But violating the conditional permission, the respondent No.8 developed the land as a commercial area and started to park 20/30 buses on the roadside and on nearby vacant Government land. Consequently the aggrieved people of Daboka town complained to the SDO(Civil), Hojai and also to the Daboka Town Committee on the nuisance caused by operation of the bus stand by the bus operator in the congested roadside of the Daboka township.