Machkhowa Vegetable Retailers Development Association v. The State of Assam and 6 Ors

O R D E R

18.12.2023 In pursuant to the various orders passed by this Court on

21.08.2023; 22.09.2023; 08.11.2023 and 17.11.2023, Ms. M. Barman, the learned counsel appearing on behalf of the District Commissioner, Kamrup

(M) has placed an instructions dated 08.12.2023 wherein it has been mentioned that the land in question, i.e. a plot of land measuring 3 kathas 10 lechas covered by Dag No.1069 of village Pamohi under Ramcharani Page No.# 3/4 Mouza had been already allotted in favour of Guwahati Municipal Corporation for setting up of Machkhowa Fruits and Vegetables Wholesale Market.

¶2It has also been mentioned in the said instructions that necessary record correction has also been made in respect to the said land in favour of Guwahati Municipal Corporation and the Commissioner, Guwahati Municipal Corporation was also intimated to utilize the allotted land within 3 years for the purpose for which it is allotted or else it would automatically revert back to the Government.

¶3Ms. M. Barman, the learned counsel appearing on behalf of the District Commissioner, Kamrup (M) however submits that in the instructions so placed today, it was inadvertently written as Machkhowa Fruits and Vegetables Wholesales Market which ought to have been Machkhowa Fruits and Vegetables Retail Market as the same is apparent from the copy of the Chitha placed before this Court.

¶4This Court had also taken note of the Chitha for the surveyed village and the remarks mentioned therein stipulates that it is corrected in the name of Machkhowa Fruits and Vegetables Retail Market.

¶5Taking into account the above, as the land in question has been allotted in the name of Guwahati Municipal Corporation, the relief which has been sought for in the instant writ petition has been duly redressed to.

¶6Accordingly, the instant writ petition stands disposed of.

¶7The said communication along with the enclosures so placed by Ms. M. Barman, the learned counsel appearing on behalf of the District Page No.# 4/4 Commissioner, Kamrup (M) is kept on record and marked collectively with the letter "Y".

¶8Before parting with the record, this Court however finds it relevant to take note of the order dated 11.05.2018 passed by the Guwahati Development Department wherein it was mentioned that the Guwahati Development Department shall also provide the minimum required fund if necessary for the development of the plot with shaded market area etc.

¶9Mr. B. Kaushik, the learned counsel for the petitioner submits that in view of the allotment order making it clear that the utilization is required to be made within a period of 3 years, the respondent Guwahati Development Department as well as the GMC is therefore required to do the needful in terms with the order dated 11.05.2018.

¶10Mr. S. Bora and Ms. M. Barman, the learned counsels appearing on behalf of the respondents submit that necessary steps would be taken in terms with the order dated 11.05.2018 of the Guwahati Development Department and the needful would done so that the land is utilized for the purpose for which it has been allotted.

¶11Taking into account the said submissions, this Court closes the instant proceedings on the basis of the assurance given that the respondents shall do the needful as is required for the proper utilization of the land in question. It shall however be open to the petitioners to approach this Court if the assurance and undertaking is not adhered to.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010033292019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1173/2019o MACHKHOWAoVEGETABLEoRETAILERSoDEVELOPMENToASSOCIATIONo THROUGHoITSoSECRETARY,o(MR.oGANESHoBORAH)oMACHKHOWA,o GUWAHATI,oKAMRUPo(M),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-781006. 2:THEoCHIEFoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-781006. 3:THEoCOMMISSIONERoANDoSECRETARY oGUWAHATIoDEVELOPMENToDEPTT. oDISPUR oGUWAHATI oASSAM-781006. 4:THEoCOMMISSIONERoANDoSECY. oDEPTT.oOFoAGRICULTUREoANDoHORTICULTURE oDISPUR oGUWAHATI oASSAM-781006. 5:THEoDY.oCOMMISSIONER oOFFICEoOFoTHEoDY.oCOMMISSIONER Page No.# 2/4 PANBAZAR GUWAHATI KAMRUP (M) ASSAM-781001. 6:THE GAUHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI KAMRUP (M) ASSAM-781001. 7:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI KAMRUP (M) ASSAM-781001. 8:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR ASSA For the petitioner (s) : Mr. B. Kaushik, Advocate For the respondent (s) : Mr. S. Bora, Advocate Ms. M. Barman, Govt. Advocate Ms. P. R. Mahanta, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH