IMPORTANT POINT
The court upheld the validity of land allotment to a third party when the original allottee failed to meet payment conditions, affirming that natural justice principles do not apply if only one outcome is permissible.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. D.K. Nath, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for the respondent nos.1 to 4 and Mr. S. Khound, learned counsel for the respondent no.5.

2. By filing this writ petition, the petitioner has put to challenge the allotment order dated 05.08.2016 issued by the Chairman, Doomdooma Town Committee, Doomdooma, Tinsukia, whereby, a plot of land has been allotted to the respondent no.5, namely, Dr. Binoy Kumar Hazarika for construction of medical chamber on the land of the Doomdooma Town Committee.

3. The case of the petitioner, in brief, is that he has been allotted a roadside stall at Nehru Road, Doomdooma Town, Tinsukia by Doomdooma Town Committee, on execution of a Deed of Lease on 07.03.1992. The Petitioner has applied for extension of the said allotted room/stall, which is on the backside of the said stall, particularly, on the northern side of the stall facing Doomdooma Town Field.

4. In response to the application dated 22.10.2008, the Chairman, Doomdooma Town Committee, has allotted a plot of land and directed the Petitioner to deposit an amount of Rs. 1,05,000/- (one lac five thousand) only vide order dated 09.01.2009, as a security deposit. Subsequently, the said security deposit amount was reduced to Rs. 75,000/- (seventy five thousand) only vide order dated 03.02.2009.

5. It is contended that the petitioner could not pay the said security amount due to certain financial difficulties as well as owing to his ill health for which he has applied for extension of time for payment of the said security deposit. The petitioner sought for an extension of time for payment of security deposit vide application dated 12.09.2014, thereafter, the Chairman, Doomdooma Town Committee, vide letter dated 30.08.2016 rejected the prayer for extension time for payment of security deposit, on the ground that the land has already been allotted to one Dr. Binoy Kumar Hazarika, respondent No. 5, for construction of a chamber in the extended portion, as the petitioner has failed to deposit the security amount of Rs. 70,000/- (seventy thousand) only till 31.03.2016.

6. It is contended by the petitioner that he was informed vide letter dated 30.08.2016 that the said plot of land had already been allotted to one Dr. Binoy Kumar Hazarika, respondent no.5, for construction of his medical chamber despite allotment granted to him by way of extension. The petitioner contends that he was never informed about such allotment to the respondent no.5 by the Committee nor he has been given any prior notice. On receipt of the relevant documents, it is found that the respondent no.5 had applied for the said portion which was already allotted to the petitioner vide letter dated 25.04.2016. It is contended that against the said application of the respondent no.5, the Chief Assistant has commented that as the said land was allotted to the petitioner, but for non-payment of the security amount of Rs. 70,000/-, the application filed by the petitioner may be considered after disposal of the previous allotment to the petitioner.

7 . Mr. D.K. Nath, learned counsel for the petitioner submits that the respondent no.5 has been allotted the said land which has already been allotted to the petitioner without any prior notice to the petitioner. The allotment of the petitioner has not been cancelled nor any opportunity of being heard has been provided to the petitioner, which violates the cardinal principle of natural justice.

8 . Mr. D.K. Nath, learned counsel, while referring to the provision of Sections- 43, 45, 46, and 63 of the Assam Municipal Act, 1956, submits that for allotment or grant of lease of land, a meeting has to be conducted by the Chairman, thereafter, a decision has to be taken. He submits that since no meeting has been conducted before allotment of the said land to the resp