- (1.) These two Rules have been heard together as similar questions of law and fact are involved in both the matters and both the said Rules are disposed of by this judgment.
(2.) The short facts relating to the writ petitions concerning the two Rules are that the Howrah Wholesale Fish Traders' Association is a registered association under the West Bengal Societies Registration Act, 1961 and the President, Secretary, Joint Secretary, one of the executive members of the said Association and the other members of the said Association are the petitioners in the said two Rules. It is the case of the petitioners that all the members of the said Association are fish traders. Some of the members carry on such trade in fish as a proprietor and some carry on business in fish trading as partners of the partnership firm. The petitioners have contended that they had been carrying on such business of fish at Nos. 10 and 11, I.C. Bose Road, Nos. 15, 30 and 27, Sreemanta Kundu Lane, 74 Hari Mohan Bose Road, 6 Dobson Road (now Maulana Abul Kalam Road) and 27, Merry Bibi Lane within the municipal limits of the corporation of Howrah. The respective place of business of the petitioners had been taken on rent from the owners of the buildings. The petitioners also obtained Fish Dealers' Licence and trade and health licences from the Howrah Municipality (now Howrah Municipal Corporation). The petitioners have contended that the Howrah Wholesale Fish Market is one of the biggest fish markets in India but as the conditions of stalls at various places mentioned hereinbefore were not suitable, the Calcutta Metropolitan Development Authority (hereinafter referred to as the CMDA) took a plan for construction of fish market so as to provide better accommodation and necessary facilities to all the wholesale fish traders dealing in fish in bulk quantifies in the aforesaid fish market in Howrah The CMDA and Howrah Improvement Trust with a view to provide better accommodation framed a scheme under which the old market was required to be demolished. The concerned authorities decided to rehabilitate the wholesale fish dealers in the new modern market to be constructed with all possible facilities for smooth and effective running of such business. The petitioners have also contended that such scheme was framed with the approval of the World Bank and/or financial help of the World Bank. Pursuant to such claim, the Government of West Bengal under the provisions of West Bengal (Requisition and Acquisition) Act of 1948 acquired the old market with the sole object of constructing a fish market for rehousing and rehabilitating the wholesale fish traders who would be displaced or evicted pursuant to the requisition of the old market. The petitioners also contended that the representations were given on behalf of the dealers in fish in the said market at Howrah to the Government of West Bengal and also the CMDA and also to the Howrah Improvement Trust Authorities. A discussion was held with the deputationists representing the wholesale fish dealers with the Deputy Director of Fisheries and it transpires that in a joint meeting held between the CMDA, Howrah Improvement Trust and the Department of Fisheries, the Department of Fisheries had suggested allotment of at least 300 sq. ft. of area for each stall and 30' wide metal road around the fish market to allow the fish loaded hand-carts, lorries and other vehicles to move and the said suggestion of the Department of Fisheries was appreciated by the CMDA and Howrah Improvement Trust. Thereafter various meetings had been held with the representatives of the fish dealers and the authorities of the CMDA, Howrah Improvement Trust and the Government of West Bengal. The members of the Association felt that they were not going to be rehabilitated in the newly constructed fish market in the manner it should have been done.
(3.) The aforesaid writ petitions were therefore moved before this Court, inter alia, praying for appropriate writs and/or directions directing the CMDA and Howrah Improvement Trust to make allotment of fish stalls with a minimum floor space area of 300 sq. ft. in favour of the petitioners and further commanding the respondents to make suitable arrangement for proper drainage system and construction of 20' metal road leading to the fish market. A prayer for interim injunction was also made for restraining authorities from making allotment or settlement of fish stalls in Howrah Wholesale Fish Market to any other person until the disposal of the Rule.;