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2023 Supreme(Gau) 409

SANJAY KUMAR MEDHI
Guwahati Municipal Corporation Market Central Committee, rep. by Its Secy. Pabitra Kr. Sarmah, S/o. Lt. Khargeswar Sarmah – Appellant
Versus
State Of Assam, rep. By The Secy. To The Govt. Of Assam – Respondent


Advocates Appeared:
For the Petitioner: Shri M.K. Choudhury, Shri M.J. Baruah.
For the Respondents: Shri D. Saikia, Shri S. Bora.

JUDGMENT :

1. All these writ petitions are with a similar grievance pertaining to the allotment of rooms in the markets under the GMC, mainly the Fancy Bazar markets were taken up analogous hearing and are being disposed of by this common judgment and order.

2. Before going to the issue(s) involved, it would be convenient if the facts of the cases are stated in brief.

3. The petitioner no. 1 in all these petitions are different Market Committees under the Gauhati Municipal Corporation. In 1989, the entire market in Fancy Bazar was gutted by fire and thereafter, a decision was taken to construct a multi-storied building and to accommodate the shopkeepers and in this direction, the petitioners claim that in spite of repeated orders of this Court since the year 2000, the building could not be completed. Ultimately, after completion of the construction in the year 2004, the rooms were allotted; however, the rent was charged at Rs.10/-per sq. ft. which according to the petitioner was inconsistent with the rent fixed by this Court as per an Expert Committee Report. It is the case of the petitioners that in the year 2020, the rent was again enhanced to Rs.38/-per sq. ft. The said enhancem

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