The court emphasized the importance of compliance with allotment orders and directed the GMC Authorities to take measures to protect the business prospects of the petitioners.

JUDGMENT :

1. As both the writ petitions are inter-connected, the same are taken up for disposal vide this common judgment and order.

2. The Petitioners in WP(C) No.4767/2014 are allottees of the Fancy Bazar, Guwahati Municipal Market and are engaged in various businesses including vegetable items, stationary items, puja items, decorative items etc. The grievance of the Petitioners in WP(C) No.4767/2014 is that the Respondent Authorities i.e. the Guwahati Municipal Corporation are not strictly complying with the directions passed by this Court in the order dated 18.09.2007 passed in WP(C) No.2254/2007, the order dated 05.12.2012 in WP(C) No.5390/2012 as well as the order dated 05.06.2014 in Contempt Case (C) No. 103/2013.

3. It is relevant herein to take note of that WP(C) No.2254/2007 was filed by an association wherein the Petitioners in WP(C) No.4767/2014 are members. The said writ petition was disposed of vide a judgment and order dated 18.09.2007 thereby directing the Guwahati Municipal Corporation to the effect that while making allotment to the 60 selected applicants, the Guwahati Municipal Corporation will not go beyond the space which the resolution dated 17.12.2004 permits.

4. It further appears that pursuant to the said order dated 18.09.2007, a writ petition was filed by the Petitioners in WP(C) No.678/2015 which was registered and numbered as WP(C) No.5390/2012. The said writ petition was disposed of thereby directing inter alia that the members of the Petitioner association i.e. the Fancy Bazar Group of Traders shall continue to occupy the space that was allotted to them strictly adhering to the terms and conditions stipulated in the order of allotment; that the members of the association i.e. Fancy Bazar Group of Traders would not use the allotted space other than the purpose for which the same has been allotted to them and in case of any deviation from the terms and conditions specified in the orders of allotment, the GMC authority would be at liberty to take appropriate action in accordance with law.

5. Pursuant thereto, the Fancy Bazar Group of Traders filed a contempt proceedings before this Court which was registered and numbered as Contempt Case (C) No.103/2013. The said contempt proceedings was disposed of vide an order dated 05.06.2014 thereby extending the period fixed in the order dated 05.12.2012 for its implementation by a further period of 3 (three) months from the date of the said order as an outer limit provided no appeal was filed by the Respondents and no stay is obtained to the order impugned therein.

6. It is further the case of the Petitioners in WP(C) No.4767/2014 that the Respondent Authorities although were bound by the order dated 05.12.2012 in WP(C) No.5390/2012 to only permit the members of the Fancy Bazar Group of Traders to carry on the business strictly to the terms and conditions stipulated in the order of allotment but the members of the Fancy Bazar Group of Traders are carrying on business beyond the terms and conditions stipulated in the order of allotment and are using the allotted space other than the purpose for which the same has been allotted to them.

7. It appears from the records that this Court had issued notice. The Respondent Nos. 2 and 3 had filed an affidavit-in-opposition on 26.03.2015 stating inter alia that in order to protect the livelihood of the vendors, ease traffic congestion, allow excess to the GMC market and to maintain pollution free environment within the market area, the Standing Assessment Market Trade Committee (S.A.M.T.C.) by a resolution No.4 dated 01.11.2004 resolved to accommodate the retailed fruit sellers and other hawkers in the surrounding open space area of Fancy Bazar Guwahati Municipal Corporation market. It was further stated that the Standing Assessment Market Trade Committee (S.A.M.T.C.) vide another resolution dated 17.12.2004 resolved to allow only fruit vendors to occupy the space in the “L” pattern portion of one side along the inner railing