The main legal point established in the judgment is the distinction between lease and license, emphasizing the importance of exclusive possession in determining the nature of the agreement.

Judgment

1. These three writ petitions involving the similar facts and laws seeking similar prayer were taken up for joint hearing for disposal by a common judgment and order. Accordingly, these writ petitions are being disposed of by this common judgment and order.

2. Heard Mr. LR Das, learned counsel for the petitioners and Mr. K Baruah, learned counsel for the respondent No. 1 as well as Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattachrjee, learned GA appearing for the respondent No. 2. Also heard Mr. S. Sen, learned counsel for the respondent No. 3.

3. The facts of the case in the three writ petitions are similar except that writ petitioner in WP(C) No. 201/2010 Smti. Jyoti Debnath is the wife of (L) Sailendra Ch. Debnath with whom the Shillong Municipal Board (for short 'SMB') entered into an agreement dated 07.01.1991 for allowing to occupy the Stall No. 282 measuring 10'x9'=90 sq.ft. over the existing stalls i.e. 1st floor within the Municipal Compound at Jail Road, Shillong and also that the writ petitioner in WP(C) No. 200/2010 stated that Stall No. 240 at Jail Road, Shillong was allowed to occupy on transfer after she purchased the right over the said Stall No. 240 from one Shri. Sukanta Chkraborty and entered into an agreement dated 05.05.1993 with the SMB. The plot of land i.e. Stall No. 240 measuring 7'x22'=154 Sq.ft. in WP(C) No. 200/2010 situated at Jail Road, Shillong, Stall No. 282 measuring 10'x9'=90 Sq.ft. in WP(C) No. 201/2010 situated at Jail Road, Shillong and Stall No. 280 measuring 10'x15'=150 Sq.ft. in WP(C) No. 202/2010 situated at Jail Road, Shillong are the land vested in the SMB. Under Section 62 of the "Meghalaya Municipal Act, 1973" (for short "the Municipal Act, 1973') the Municipal property includes property of whatever nature or kind which may become vested in the Board, be under its direction, management and control. Section 62 of the Municipal Act, 1973 reads as follows:-

Municipal Property

62. Municipal property-(1) Subject to any reservation made by the State Government all property of the nature hereinafter in this section specified and situated within the municipality shall vest in and belong to the Board and shall, with all property of whatever nature or kind which may become vested in the Board, be under its direction, management and control, that is to say -

(a) all public roads including the soil, the pavements, stones and other materials thereof and all drains, bridges, trees, erection materials, implements and other things provided for such roads;

(b) all public streams, channels, water-courses, springs tanks, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works whether made laid are created at the cost of the Board or otherwise and bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land, not being private property, appertaining to any public tanks;

Provided that water-pipes and any water-works connected therewith or appertaining thereto which with the consent of the Board are laid or set up in any street by the owners of any mill, factory, workshop or the like primarily for the use of their employees shall not be deemed to be public water-works by reason of their use by the public;

(c) all public sewers and drains, all works materials and things appertaining thereto and other conservancy works;

(d) all sewage, rubbish and offensive matter collected by the Board from roads, latrines, sewers, cess-pools and other places;

(e) all public lamps, lamps-posts and apparatus connected therewith or appertaining thereto and all public gates, markets, slaughter houses and public buildings of every description which have been constructed or are maintained out of the municipal fund;

(f) all land or other property transferred to the Board by the Government or acquired (by the Board) by gift, purchase or otherwise for local public purposes.

(2) The State Government