Decided on February 12,2021

Unemployed Youth Welfare Organization Appellant


KH.NOBIN SINGH,J. - (1.) Heard Smt. Th. Babita, learned Advocate appearing for the petitioner; Shri Y. Nirmol-chand, learned Senior Advocate appearing for the IMC, Shri K. Rabei, learned counsel appearing for the private respondent and Smt. L. Monomala, learned Government Advocate appearing for the respondent Nos.1 and 2.
(2.) The validity and correctness of the order dated 14.02.2020 issued by the Municipal Commissioner, Imphal Municipal Corporation is under challenge in this writ petition and in addition thereto, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to allow it to continue the management of the allotted parking slot in the light of the IMC's order dated 03-02-2020 till the completion of the ongoing tender process.
(3.) 1. According to the petitioner, it is an Unemployed Youth Welfare Organization registered under the Manipur Societies Registration Act, 1989 for which Shri Loitongbam Jitender Singh is the Secretary who has filed the instant writ petition. 3.2. The public parking places in different areas of the Imphal Municipal Corporation are identified by it for the convenience of the public and commuters, some of which are managed by the Imphal Municipal Corporation itself, while others are allotted to the private parties like association/ organization registered under the Manipur Societies Registration Act, 1989. 3.3. The petitioner organization was appointed as the parking management agency for the public parking site "Eastern Back Side of Eikhoigi Hotel to Northern Side of Leima Shopping via Back side of Polo Ground to Opposite of MPP Office" by the Imphal Municipal Corporation vide its order dated 03.02.2020 till the tender process is completed with effect from 06.02.2020. The said appointment of the petitioner Organization as the management agency was made under the following terms and conditions: (a) Payment @ Rs. 4000/- (Rupees Four Thousand) only per day as Parking Management Fee to Imphal Municipal Corporation till the tender process is completed w.e.f. 06.02.2020. (b) The Agent/Firm should deposit an amount of Rs. 12,000/- (Rs. 4000 x 3 months) only as security deposit within 3 (three) days from the date of the issue of the Order. (c) In case of any default or non-payment of monthly parking revenue to Imphal Municipal Corporation for 3 (three) consecutive months, the Order shall be cancelled without giving any prior information. 3.4. Prior to the allotment of the said parking management to the petitioner organization, the Imphal Municipal Corporation appointed a parking agency namely, the New Cachar Road Jeep Taxi Transport Corporative Limited through Shri Kh. Rajesh Singh for the management of the said parking area. Since the said parking agency failed to deposit the monthly tax continuously for more than three months, the Imphal Municipal Corporation issued a show cause notice dated 24-01-2020 by which the said parking agency was instructed to submit its reply as to why its agency should not be discontinued. The said parking agency failed to submit a reply to the show cause notice dated 24.01.2020 with the result that the Imphal Municipal Corporation issued an order dated 03.02.2020 appointing the present petitioner organization by which the petitioner organization was directed to deposit the amount of Rs.12,000/- (Rupees twelve thousand) as security within three months from the date of issue of the order. In compliance with the said order, the petitioner organization deposited the amount on 7.2.2020 as a security deposit which was received by the Imphal Municipal Corporation. It may be pertinent to mention here that the Imphal Municipal Corporation floated a tender in the last week of December, 2018 in respect of the said parking area for which the petitioner organization purchased the bid documents on payment of Rs.3,000/- (Rupees three thousand) but due to the ban imposed on such works by the Election Commission of India in connection with the last parliamentary election, the tender process was postponed till further order was issued in that regard. 3.5. After the said order dated 03.02.2020 having been issued in favour of the petitioner organization, it started the work of public parking management of the said parking area but to its utter shock and surprise, the Imphal Municipal Corporation issued the order dated 14.02.2020, impugned herein, cancelling the appointment order dated 03.02.2020 issued in its favour without any notice being given to it and at the same time, it allowed the said parking agency to continue with the management of the parking area. 3.6. Being aggrieved by the said order dated 14.02.2020, the instant writ petition has been filed by the petitioner organization on the ground that the cancellation order dated 14.02.2020 was issued in violation of the principles of natural justice being violative of Article 14 and 21 of the Constitution of India.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.