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Judgment
Petitioner has challenged an order dated 01.01.2020 passed by the Municipal Commissioner, Agartala Municipal Corporation partially cancelling the lease of land granted to the petitioner and threatening demolition of such area.
Learned counsel for the petitioner submitted that the petitioner has been granted Tauji over the land by the Municipal Corporation over 750 sq. ft. of land by the Municipal Corporation which the petitioner is legally occupying since the year 1980. She is regularly paying the rent. By the impugned order dated 01.01.2020 which was served to the petitioner on 03.1.2020, the lease has been partially cancelled to the extent of 500 sq. ft. The same order also conveys to the petitioner that the eviction/removal would begin on 04.01.2020 at 6 am.
The petitioner has fairly produced a show-cause notice dated 09.12.2019 issued by the Corporation citing reasons of requirement of widening the road for the purpose of rejuvenating M.G Bazar pond situated nearby and to create open space around the pond approach road and for providing better parking facility and easy entrance for fire engines. Nevertheless, when the petitioner has been occupying the said land lawfully under a lease granted by the Municipal authorities since the year 1980, the time of barely about 24 hours granted for vacating the premises before demolition would be carried out, does appear to be a rather harsh measure.
Issue notice to the respondents, returnable for 10th January, 2020. By way of ad-interim relief, till then the petitioner's possession of the land in question shall not be disturbed, nor any demolition of the shop on the land so granted by the Corporation on lease, shall be carried out.
Direct service is permitted.
Mr. D. Bhattacharya, learned Government Advocate waives notice on behalf of the respondents.