JORFIAT CHAK BAZAR BEBOSHAI SANTIA REPRESENTED BY ITS SECRETARY Vs. STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, MUNICIPAL CORPORATION DEPARTMENT, DISPUR, GUWAHATI AND OTHERS

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Counsel for the petitioner and Ms. R. Chokraborty , learned State Counsel. I have also heard Mr. Y. Doloi, learned Counsel representing the Jorhat Municipal Board.

(2.) The petitioner is the association of the traders of the market called Jorthat Chak Bazar. The members of the association are aggrieved by the communication dated 31.3.2003 issued by the Executive Officer of the Municipal Board to the petitioner's association. By the said communication referring to the discussion held with the association on 17.2.2003 and 19.2.2003, fixation of rent of room/space at Rs. 3.00 and Rs. 1.50.00 per square feet respectively was conveyed. By the said communication the association was requested to deposit rent on that basis.

(3.) According to the petitioner the rent as has been fixed by the aforesaid communication dated 31.3.2003 is exorbitant. In this connection. the petitioner has named four traders showing the percentage of increase in the monthly rent. It is the case of the petitioner that since the traders are not being provided with minimum facilities required for running business and that rooms/stalls in the market under their possession being in dilapidated condition, such increase of rent is arbitrary and unreasonable.