Bhupal Saha vs Agartala Municipal Corporation And Ors

Akil Kureshi, CJ

Heard learned counsel Mr. K Nath for the appellant, learned counsel Mr. K K Pal for the Agartala Municipal Corporation (AMC) and learned Additional Government Advocate Mr. D Sharma, appearing on advance copy.

The petitioner had been granted Touji by the AMC on a small constructed premise situated at Maharaj Ganj Bazar from where, according to him, he has been doing his business since nearly 50 years. In the year 2019, a notice was issued to the petitioner which stated that "in the matter of hearing notice in connection with development of Maharaj Ganj Bazar west pond area, in order to facilitate for approach road, parking place and easy entrance as a matter of fire safety". According to the petitioner, after some hearing pursuant to the said notice AMC took no further steps, nor passed any formal order. However, as stated in the petition, in the last week of August 2021, the task force of the AMC visited the petitioner's premises and upon inquiry by the petitioner he was told that the premises would be demolished. He had thereupon filed the writ petition which was dismissed by the learned Single Judge by the impugned order on the ground that so far no notice of eviction has been issued and, therefore, the petitioner's apprehension is not well founded and the petition is premature.

In view of the previous notice dated 13th August 2019, the petitioner's averments on affidavit that the AMC staff had conveyed the possibility of demolition of the petitioner's shop, cannot be brushed aside. If the petitioner has been granted licence by the Municipal Corporation and the Corporation is also collecting rent for occupation of the premises for nearly 50 years as stated, the petitioner cannot be evacuated summarily without following the process of law. Both sides agreed that for termination of Touji and eviction from the premises, a bare minimum notice and hearing is necessary. Even otherwise, the principles of natural justice would require that the petitioner be granted a hearing before any such action is taken.

This writ appeal is, therefore, disposed of with the clarification that the petitioner shall not be evicted from the said premises without following the procedure under law. Pending application(s), if any, also disposed of.