The court emphasized that the eviction was carried out in accordance with the law and court directions, and the petitioners had not provided evidence of prior allotment by the GMC.

JUDGMENT :

1. The two writ petitions as well as the contempt application are taken up for final disposal by this common judgment and order.

2. The Petitioner in WP(C) No.6675/2017 claims that the Deputy Commissioner, Kamrup had acquired land at Paltan Bazar belonging to the Shah Family for opening a market. The Petitioner’s mother Late Renu Kana Dey was running a shop since 1960 in the said market. Thereupon, the State Authorities developed the said land and was called Municipal Market and after the coming into effect of the Guwahati Municipal Corporation Act, 1971, the market was constituted as a Guwahati Municipal Corporation Market. It has been specifically stated that the Petitioner’s mother was allotted Room No.17 at that point of time. However, there is no document enclosed to the writ petition in that regard.

3. It is also relevant to mention that the said land wherein the Petitioner claims that a room was allotted to the mother of the Petitioner is part of a land measuring 3 Kathas 8 Lechas covered by Dag No.3217 under K.P. Patta No.397 of Sahar Guwahati Paltan Bazar, Part, Mouza Ulubari which was re-numbered as Dag No.564 of draft Patta No.95. A litigation was fought amongst the owner of the said plot of land measuring 3 Kathas 8 Lechas along with the Government of Assam and the Municipal Corporation wherein various persons who were occupying the said lands were also parties to the said suit. The said suit was registered and numbered as Title Suit No.1/1991.

4. Vide a judgment and decree dated 29.10.2003, the learned Court of the Civil Judge, (Senior Division) No.2, Kamrup (M) at Guwahati decreed the suit in favour of the owners declaring that the plaintiffs were entitled to release of 3 Kathas 8 Lechas of land as detailed in Schedule-B to the plaint from acquisition in terms with the agreement dated 19.01.1985 and entitled to a decree for mandatory injunction thereby directing the defendants to release the said land from acquisition and to deliver possession of the said land to the plaintiffs and also a permanent injunction restraining the defendants from constructing any building or structured disturbing the plaintiffs’ possession over the Schedule-B land. The said decree had attained finality as there is nothing on record which shows that the said decree in any manner was overturned.

5. The record further reveals that execution proceedings were initiated on the basis of the said decree passed in Title Suit No.1/1991. In a collateral proceedings to the said execution proceedings, an order was passed by this Court in CRP No.322/2016 dated 08.05.2017 wherein this Court specifically directed the GMC to identify the site for shifting the existing Kali Mandir within the land covered by Dag No.3217 (old)/564 (new) as per the identification and within the said identified area made by the District Administration. This Court further directed that the process of identification of the land to be completed by the GMC within a period of 1 (one) month from the date of the said order whereafter, the Mandir Committee was bound to shift the existing Mandir to the site handed over by the GMC within a period of 1 (one) from the date of such delivery by the GMC. For the process of the handing over the possession of the land to the Mandir Committee, the District Administration was also directed to render all necessary and possible assistance to the GMC. Further to that the Executing Court was also directed to carry out the process of execution of Title Execution Case No.06/2008 pending therein as per law.

6. It is relevant to take note of that this 4 Lechas of land which was to be handed over to the Mandir Committee for the purpose of construction of Kali Mandir is the land wherein the Petitioner in WP(C) No.6675/2017 was carrying on business activities. It is under such circumstances, a notice was issued on 23.10.2017 whereby the Petitioner along with 6 others were directed to shift from the site identified for shifting of the Kali Mandir wi