GOALPARA MUNICIPAL BOARD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, the learned Counsel appearing for the petitioner in the WP(C) NO.3074/2007. Also heard Ms. U. Baruah, the learned Senior Counsel appearing for the petitioner-ASTC in the WP(C) No.6494/2010. The State authorities are represented by the learned Government Advocate Mr. J. Handique. Although Mr. M. Choudhury appears for the Director of Records, Assam, the name of respondent No.2 in the WP(C) No.3074/2007 was struck off vide order dated 22.6.2007.

(2.) In the WP(C) No.3074/2007, the Goalpara Municipal Board challenges the eviction notice dated 11.6.2007 in the Case No.2/2007 (Misc.), whereby the Municipal Board is ordered to vacate their occupation from the roadside land on the western boundary of the ASTC bus stand, on the Goalpara-Agia Road. The petitioner contends that the summary eviction procedure under Rule 18(2) of the Assam Land and Revenue Regulation (hereinafter referred to as "the Regulation") could not have been invoked as the Municipal Board had applied for settlement of the Government land and a proposal for settlement is pending before the Revenue authorities.

(3.) On the other hand, the ASTC in their WP(C) No.6494/2010 projects that on the western side of the ASTC bus stop on the Goalpara-Agia P.W.D. Road, a small strip of roadside land exists which was being used for entry to the ASTC complex where 50 shop rooms have been constructed by the ASTC for augmenting their revenue. On the eastern boundary of the complex, toilet blocks for public use have been provided by the ASTC. The Goalpara Municipal Board encroached on the roadside space and constructed a public toilet at the point of entry to the ASTC complex and this toilet is not only causing nuisance to the neighbourhood but is also obstructing the entry of people from the Goalpara-Agia roadside, to the shops constructed within the ASTC complex.