SANTANU BANERJEE Vs. GAUHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) The decision of the Guwahati Municii- pal Corporation (hereinafter referred to as the 'Corporation') to allot room/stall in the newly constructed Fancy Bazar Market Complex, Guwahati to the respondent No. 5 in preference to the petitioner is the subject matter of scrutiny in the instant petition.

(2.) I have heard Mr. B. C. Das, Senior Advocate for the petitioner, Dr. B. P. Todi, learned Standing counsel for the Corporation and Mr. B. Choudhury, Advocate for the Respondent No. 5.

(3.) The rival versions are available from the pleadings of the parties. According to the petitioner, his father, late Sambhu Nath Banerjee was a business man dealing in tea leaf (retail) in the Fancy Bazar Municipal market in room No. 29 since 1974-75. The room was jointly allotted in the name of Chandra Kanta Bhuyan, the father of the respondent No. 5 and his father. The business, however was practically conducted by the petitioner's father. The Corporation also granted trade licence to the petitioner's father from time to time. The market was gutted in a devastating fire in February, 1989. According to the petitioner, the respondent No. 5's father had expired about 4-5 years prior to the fire incident and that therefore as the room with the merchandise in trade had been then in possession of his father, it was he who incurred loss in the episode. The petitioner's father was accordingly enlisted as a fire victim along with other similarly situated persons of the market. By way of stop gap arrangement, the Corporation allotted rooms/stalls to the persons affected in the Machkhowa temporary market pending construction of the Fancy Bazar Municipal market. It was at that stage that the Corporation issued an allotment order dated 8.5.1989 jointly to the petitioner's father and the father of the respondent No. ' 5 (since deceased). As the respondent No. , 5's father had, in the meantime, expired, in terms of the allotment letter, the petitioner's father entered into an agreement with the Corporation and on the strength thereof, was allowed to occupy room No. 32 in the temporary municipal market, Machkhowa with effect from 26.5.1989.