PIL 26/2004 BEFORE HON’BLE THE CHIEF JUSTICE MR RS GARG HON’BLE MR JUSTICE BD AGARWAL JUDGMENT AND ORDER(ORAL) ( RS GARG, CJ) :- This order shall dispose of PIL No.26/2004 and all pending Miscell aneous cases in the matter, WP(C ) No.1863/2001 with all Miscellaneous cases pe nding in the matter, WP(C) No.4949/2000, WP( C) No.8631/2003 and WP( C ) No. 788 3/2003. 2. The matter was highly contested between the parties and it was argue d on one side that the petitioner M/s Machkhowa Vegetables Retailers Developmen t Association have a right to earn their livelihood by selling vegetables while on the other hand, State Government and the Municipal Corporation submitted befo re the High Court that they are entitled to maintain and regulate an appropriate market for vending of vegetables and fish so that the road in dispute which is made for vehicular traffic and the public at large, is made free from the encroachment made by the vegetables/fish vendors. 3. M/s Kedar Road Unnayan Samity has come to this Court with a submissi on that if the members of Machkhowa Vegetables Retailers Development Association or the fish market is to be settled at some other place, the area where the p etitioners are residing, should at least be excluded and the said vendors be set tled at some other place. 4. After long run argument, the State Government, Municipal Corporation a nd M/S Machkhowa Vegetables Retainers Association have come to the following t erms :- i) The State Government would provide an alternative site to the petitioner s at Paschim Boragaon on the Southern side of National Highway Bye pass at Gorc huk. It is undisputed before us that the State Government has drawn appropriate requisition proceeding under the Assam Requisition and Acquisition Act, 1964 an d after issuance of the order by the Deputy Commissioner , Karmrup ,Guwahati, p ossession of the said land has already been taken. It is also contended by the l earned counsel for the State that after taking possession of the property, the land for the purpose of maintenance and development has already been handed ove r to the Municipal Corporation, Guwahati. ii) That within 30 days from today, the land would be developed so that the vegetable vendors, wholesalers/retailers, are in a position to occupy the l and and sell vegetables to the retailers. iii) That after the land is developed appropriate infrastructure would be provided by the concerned authorities after taking everybody into confidence. If the vegetable vendors propose to develop the area at their own cost with the same willingness which they have proposed to develop Sonaram High School area, then they would be entitled to place their programme/projects before the State Government and the Municipal Corporation, Guwahati. If such programme/project is found to be valid and feasible, then appropriate required sanction would be gi ven by the State Government and the Municipal Corporation, Guwahati. In case, the vegetable vendors Association or the Fish vendors find that the pla ce earmarked for their settlement has not been properly developed, then they wou ld be entitled to submit their objections to the Government claiming basic minim um facilities. The parties agree that the place where as on today the vending is taking place there are no basic infrastructure nor any facilities are provided to the vegetable vendors or to the fish vendors. Everything is sold on the road and therefore, to that extent the liability would be on the State Government and on the Municipal Corporation to provide an appropriate area so that open vegeta ble/fish market is ;properly run/managed and operated. iv) The State Government after the above referred development shall eithe r through the Deputy Commissioner or through the Municipal Corporation , Guwahat i issue appropriate notices to the President and the Secretary of M/S Machkhowa Vegetable Retailers Association for their shifting and within one week of rec eipt of such notices all the vendors ,who are represented by the petitioner Ass ociation, shall shift from the TR Phookan Road to Paschim Boragaon on the Southe rn side of National Highway Bye pass at Gorchuck. After receipt of such notices , if the vegetable retailers do not shift from TR Phookan Road to the place ear marked for them, then the State Government so also the Municipal Corporation w ould be entitled to take appropriate action to close the market activities and to take appropriate measures and to place proper force for shifting of the vege table and fish market from TR Phookan Road to Paschim Boragaon on the Southern side of NH Highway Bye pass at Gorchuck. 5. All the matters stand disposed of.