DHIRAJ KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for commanding upon the respondent authorities not to demolish the rented shops of the petitioners situated beside the road on three sides along the boundary of the office of Giridih Municipal Corporation and to set aside the notices dtd. 2/6/2022 and 9/6/2022 issued by the Deputy Municipal Commissioner, Giridih- the respondent no.7 to the petitioners.

(2.) Learned counsel for the petitioners submits that Giridih Municipal Corporation constructed twenty two shops about eighteen years ago along the boundary of its building premises on eastern, southern and northern sides and allotted the same on rent to the petitioners thorough agreements and since then they have been in possession of the respective shops carrying on their businesses. These shops are the only source of livelihood of the petitioners, their staff and family members. It is further submitted that at the time of agreement with Giridih Municipal Corporation, the petitioners had deposited security money and have also been paying fixed monthly rent for which they have been issued rent receipts by the Corporation. As per the agreement, half of the monthly rent of some of the shop owners/ petitioners are being regularly adjusted from the deposited security money, while others are paying full monthly rent without any adjustment from security deposit. It is further submitted that new building of Giridih Municipal Corporation is to be constructed by Jharkhand Urban Infrastructure Development Company Limited (JUIDCO), Ranchi and as such the respondent no.5 issued letter dtd. 14/2/2022 to the respondent no.7, asking for vacating the existing municipal office and shops. Pursuant to the said letter, the process for shifting of Giridih Municipal Corporation has started. However, several pieces of land are available with the respondent nos. 6 and 7 for construction of new building of Giridih Municipal Corporation so as not to demolish the existing building which can be used by the district administration for different other purposes. In spite of that, the petitioners were issued notices dtd. 2/6/2022 by the respondent no.7, directing them to vacate the rented shops within 15 days of the receipt of the same. The petitioners were again issued notices on 9/6/2022, informing that subsequent to vacating their shops, they would be allotted new shops through lottery to be held on 13/6/2022 in the office of the Municipal Corporation, Giridih. The petitioners submitted their replies to the aforesaid notices, requesting to allot shops to them at the same location, as their business were continuing there for many years, however, no action was taken on it. It is also submitted that the Municipal Commissioner, Giridih Municipal Corporation, Giridih has demanded 03 acres of land from the Urban Development and Housing Department, Government of Jharkhand for construction of new building, whereas the area where the construction has been proposed is only 65 decimals and thus it is not suitable for the same. There is an alternative place just 250 meters away, namely, 'Old Mandal Kara' in front of 'Giridih Jhanda Maidan' measuring an area of more than 03 acres. Under such circumstance, the construction may either be shifted to that place so that the petitioners' shops may exist at the present place or they may be provided shops in 'Old Mandal Kara' area which will be suitable for running their business.

(3.) On the contrary, learned counsel for the respondent no.7 submits that shops have been constructed at Municipal Corporation Market (Whitty Bazar), Vending Zone, near Bus stand and Bus Stand Campus for shifting the petitioners for their livelihood, which are situated approximately at the distance of 500 meters to one kilometre from their existing shops. It is further submitted that vide letter dtd. 9/6/2022, the petitioners were informed to participate in the process of allocation/allotment of shops through lottery, which was scheduled to be held on 13/6/2022, but the same failed as the petitioners did not turn up and are adamant to continue at the old place rather than shifting to the available vacant places provided by the Giridih Municipal Corporation. In fact, pursuant to up-gradation of Municipal Council, Giridih to Municipal Corporation, Giridih vide Notification No.6156 dtd. 25/9/2017 issued by Urban Development and Housing Department, Government of Jharkhand, its old/new technical officers/staff were facing lot of problems due to insufficient rooms/working place in the existing building. For supervision/ execution work of proposed schemes of the State and the Central Government, it was necessary to build a new spacious building of Giridih Municipal Corporation and as such vide letter no.1355 dtd. 12/7/2018, the Municipal Commissioner, Giridih Municipal Corporation wrote letter to the Secretary, Urban Development and Housing Department, Government of Jharkhand, requesting inter alia to make arrangement of 03 acres of land for construction of new building. It is further submitted that there is no provision for construction of shops in the proposed/new building of Giridih Municipal Corporation in the DPR made by Consultant Company, namely, M/s. Mass N Void Design Consultants. In the said DPR, which has been approved by the State Government, there is a provision for construction of only administrative building of Giridih Municipal Corporation.