Expedite ongoing construction, clear roadside vendors: Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has upheld the legality of hiking rent for rooms at various markets under the Guwahati Municipal Corporation (GMC), but at the same time has directed the civic body to take adequate steps to complete the construction of various markets in Guwahati and take steps to remove encroachment and unauthorized vendors who obstruct the passage of customers to the shops of the tenants.

A single-judge Bench of the High Court passed a judgment and order to this effect while disposing off a batch of petitions filed by various aggrieved shopkeepers who are tenants of markets under the GMC.

The petitioners had submitted that in 1989, the entire GMC market in Fancy Bazar was gutted by fire and thereafter, a decision was taken to construct a multi-storied building to accommodate the affected shopkeepers. Upon delayed completion of the construction in 2004, the rooms were allotted and the rent was charged at Rs10 per square feet. However, in 2020 the rent enhanced from Rs 10 per square feet to Rs 38 per square feet for the ground floor and from Rs 7 per square feet to Rs 30 per square feet for the mezzanine floor, which the petitioners claimed was wholly unreasonable, more so because the GMC has failed to clear roadside vendors who are blocking the entry of customers to the market buildings.

On the other hand, the counsels representing the State Government and the GMC argued that apart from certain legal aspects, the petitions filed by the aggrieved persons are also not maintainable because the rate of enhancement of the rent is very reasonable in view of the fact that the areas in question are prime business locations such as Fancy Bazar, Ulubari, Dispur Supermarket etc.

The Bench observed: "This Court is of the considered opinion that even ignoring the preliminary objections on the maintainability of the writ petitions, even on merits, the petitioners have not been able to make out any case for interference. Rather, the present litigations appear to be lacking bona fide and have been filed only to prolong the issue. Accordingly, the writ petitions are dismissed."

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