Back
2016 Supreme(Gau) 893
IN THE HIGH COURT OF GAUHATI
HRISHIKESH ROY, PARAN KUMAR PHUKAN, JJ.
SWAPNA DAS — Appellant
Vs.
CHIEF EXECUTIVE OFFICER, SHILLONG MUNICIPAL BOARD, SHILLONG — Respondent
WA No. 386 to 388 of 2014, Misc. Case No. 6 to 8 of 2015
Decided on : 05-10-2016
For the Appellant :Mr. L.R. Das, Advocate
For the Respondent:Mr. K. Baruah and Mr. A. Nath Advocates
Headnote:
Meghalaya Municipal Act, 1973 - section 62 - Rent Act - Section 5 - Transfer of Property Act, 1882 - Section 108 - Jurisdiction - Contract - Facts case in writ petitions are similar except that writ petitioner in wife of Late with whom entered into for allowing to occupy Stall measuring over existing Stalls Floor within Municipal Compound Jail Road also that writ petitioner in was allowed to occupy Stall at Jail Road on transfer after she purchased right over said Stall from one entered into agreement – Held, Having regard to entire aspect case and contentions raised appeals keeping in mind rights appellants that disclosed taking into account nature of development works that are proposed court are considered view that it would be appropriate writ appellants approach competent civil court having jurisdiction raise dispute if so advised - In event of any such dispute raised by appellants court is directed dispose same expeditiously as possible keeping in mind developmental works under taken by respondent uninfluenced observations made us in Judgment - In facts circumstances case to enable appellants approach civil court it is ordered that impugned judgment of Single Judge directing handing over possession stalls shall not be given effect to until expiry eight weeks from today – Appeal dismissed
P.K. Phukanj, J.
The writ appellants are the writ petitioners who are in occupation of Stalls owned by Shillong Municipal Board ('SMB') situated at Jail Road area of Shillong. The SMB issued notices to them to vacate and handover unencumbered possession of the Stalls within 2 weeks from the date of the notices. The ejectment notices were challenged by the appellants through WP(C) Nos. 200, 201 and 202 of 2010. However, the learned Single Judge through impugned judgment dated 1.7.2014 (Annexure 7) found that the petitioners are only licensees and they are not even paying licence fees. Moreover, balancing the interest of the individuals with public interest, the learned Judge declared that the writ petitions are devoid of merit and the same were accordingly dismissed. The writ petitioners were, thus, directed to handover the unencumbered possession of the Stalls within 3 weeks to the SMB.
2. Heard Mr. L.R. Das, learned counsel appearing for the appellants and Mr. Baruah, learned counsel appearing for the Shilling Municipal Board. Also heard Mr. A. Nath, learned Government advocate, Meghalaya.
3. The facts of the case in the 3 writ petitions are similar except that the writ petitioner in WP(C) No. 201/2010, Smt. Jyoti Debnath, the wife of Late Sailendra Debnath with whom the SMB entered into an agreement on 7.1.1991 for allowing to occupy the Stall No. 282 measuring 10' x 9' = 90 sq. ft over the existing Stalls, i.e., 1st Floor within the Municipal Compound at Jail Road, Shillong and also that the writ petitioner in WP(C) No. 200/2010 was allowed to occupy Stall No. 240 at Jail Road, Shillong on transfer after she purchased the right over the said Stall from one Sukanta Chakraborty and entered into agreement dated 5.5.1993 with the SMB. The plot of land, i.e., Stall No. 240 measuring 154 sq. ft in WP(C) No. 200/2010, Stall No. 282 measuring 90 sq. ft in WP(C) No. 201/2010 and Stall No. 280 measuring 150 sq. ft. in WP(C) No. 202/ 2010 all situated at Jail Road, Shillong are the land vested in the SMB. Under section 62 of the Meghalaya Municipal Act, 1973 ('Municipal Act, 1973'), the Municipal property includes property of whatever nature or kind which may become vested in the Board, be under its direction, management and control.
4. There is no dispute that the land and Stalls standing over the land is owned by SMB.
5. The SMB entered into an agreement with Smt. Swama Das, writ petitioner in WP(C) No. 200/2010 on 5.5.1993, husband of the writ petitioner in WP(C) No. 201/2010 on 7.1.1991 and writ petitioner in WP'(C) No. 202/2010 on 7.1.1991, respectively for allowing them to occupy the Stalls mentioned above with the terms and conditions mentioned in the said agreements. As the present writ appeals are to be decided taking into consideration the terms and conditions of the agreement executed between the parties, before we enter into the merits of the case, it is relevant to refer to the agreements executed between the appellants and the respondents, one of which is reproduced below :
"LEASE/AGREEMENT"
The Shillong Municipal Board represented by the Chief Executive Officer grants unto you Smt. Swapna Das W/o Shri Bimal Ch. Das, Police Reserve, Shillong a Stall No. 240 at Jail Road, Shillong an area of 7' x 22' =154 sq. ft. (one hundred fifty-four square feet) (1st Floor) for business purpose and to observe/comply with and strictly fulfilling the terms and conditions prescribed by the Shillong Municipal Board as may be from time-to-time be amended by the Board as appearing herein below:
1. That the lessee shall construct the Stall on the above noted plot at her own expenses according to the plan and specifications;
2. That the Lessee shall pay rent @ Rs.308 only per month or Rs.3,696 only per year. The Shillong Municipality reserve every right to reassess the Stall rent from time-to-time;
3. That the Lessee shall use the Stall for her own business in Godown-cum-Office and for no other purpose and it shall not be used for residential
