RAMESH CHANDRA DAS v. THE STATE OF BIHAR

Heard learned counsels for the parties. The petitioners have come to this Court for quashing the order dated 4.6.2008 issued by the Executive Officer, Nagar Parishad, Kishanganj, by which the petitioners were directed to vacate their shop premises within 10 days, failing which the shop will be demolished and for restraining the respondents concerned from taking any coercive measures for evicting the petitioners and/or illegally demolishing the shops leased in their favour till expiry of the period of lease. The petitioners are tenants of the above Nagar Parishad, Kishanganj. Earlier the Nagar Parishad had proposed to construct Dey Market under the Self-Financing Scheme under which shop was to be constructed and allotted to the interested persons Municipal construction cost was to be realized in advance from the proposed allottee which was to be adjusted in the monthly rental of the shop by the 4 Municipality. The petitioners were allotted one shop each in 1999 and on compliance with the conditions they were granted lease for 24 years in the first phase market and 15 years in the second phase market. Since then the petitioners after construction of the shops are continuing in possession over the same. Subsequently an over-bridge was proposed to be constructed by the respondent Bihar State Bridge Construction Ltd. and the shops in question were required to be demolished for the construction of the approach road. The compensation for the said land and constructed area was received by the Nagar Parishad, Kishanganj and thereafter notices were issued to the petitioners to vacate the land. The Nagar Parishad at that stage decided to complete the incomplete market near the same area so as to accommodate and rehabilitate the petitioners but without giving any undertaking and assurance nor moving ahead with the construction so as to provide alternative shop to the petitioners, the aforesaid impugned notice was issued to the petitioners. Various stands have been taken by the petitioners and the respondent Nagar Parishad as 5 also the Bridge Construction Corporation in their respective pleadings but ultimately a meeting took place on 9.1.2009 under the Chairmanship of the District Magistrate, Kishanganj in which the Chairman of the Nagar Parishad, the shopkeepers of the Dey Market and the Officers of the Bihar State Bridge Construction Corporation also participated. In the said meeting it was decided that the construction of the said shops should be handed Bridge Construction Corporation as per the estimates prepared by the Nagar Parishad and the Nagar Parishad was required to do the same within 24 hours giving the estimated cost of construction also to the Bridge Construction Corporation. Before this Court learned counsel for the Nagar Parishad also on the basis of further instruction obtained a supplementary affidavit filed on 25.2.2009 sworn by the Executive Officer of Kishanganj Nagar Parishad, submits that the entire amount as also the sanctioned map shall be handed over to the authorities Bridge Construction Corporation within a period of two weeks from today. Learned counsel Bridge 6 Construction Corporation submits that within one month of the handing over of the same the Bridge Construction Corporation will complete the remaining construction of the shops in question and hand over the same to the petitioners on the basis of draw of lottery. Learned counsel for the petitioners agrees to the above proposal of the respondents and submits that after the new shops in question are handed over to the petitioners they shall vacate the present shops within a period of one week of the handing over of possession to them. The writ application is, accordingly, disposed of in terms of the aforesaid undertakings of the parties. It is made clear that the petitioners shall not be disturbed in the meantime. spal/ (Ramesh Kumar Datta,J.)