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DEVASHIS BARUAH
Fancy Bazaar Municipal Market Dealers Association – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. M.J. Baruah, the learned Counsel appearing on behalf of the petitioners. Mr. S. Bora, the learned Standing Counsel, GMC who appears on behalf of the respondent Nos. 1 to 4 and Mr. B.D. Goswami, the learned counsel who appears on behalf of respondent No. 5.
2. The case of the petitioners herein is that the petitioner No.1 is a Society registered under the provisions of the Societies Registration Act, 1860. The petitioner Nos. 2 to 6 are the members of the petitioner No. 1. In the year 1989, more particularly, on 22.02.1989, a fire incident took place in the Fancy Bazaar GMC market rendering hundreds of traders jobless. The said fire victims formed an association to raise the common grievances and protect the interest of the fire victims, particularly known as the Fancy Bazaar Municipal Market Dealers Association.
3. The said Association thereupon made various representations before the GMC. However, as there was no positive outcome resulted a writ petition was filed before this Court which was registered as C.R. No. 281/1989. The writ petition was disposed of by this Court vide an order dated 03.04.1989. In terms of the said order so passed in th
The court directed the GMC to verify vendor permissions and evict unauthorized vendors from the market area, ensuring compliance with municipal regulations.
Statutory authorities cannot act on verbal instructions and must follow due process, including issuing notice before enforcement actions.
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.
Entitlement to challenge allotment requires demonstrating displacement due to construction.
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