JOREHAUT TEA CO. LTD. Vs. THE CHAIRMAN, TOWN COMMITTEE, NAHAKATIA

JUDGEMENT

(1.) BY this writ petition the Petitioner tea company challenges the inclusion of its tea garden known as Langharjan Tea Estate situated at Naharkatia in the District of Lakhimpur, within the jurisdiction of the Naharkatia town committee. The Petitioner's case is that the aforesaid tea estate is a self -contained area with arrangements for lighting, maintenance of roads, conservancy, water supply, hospital amenities and other welfare arrangements. These arrangements are better administered than by a Municipal Board or a Town Committee. The State Government published a notification dated the 4th December, 1959 constituting the small town of Naharkatia and describing the boundaries of the said town.

(2.) SECTION 334 of the Assam Municipal Act of 1956 (hereinafter called the Act) provides for the constitution of a town committee. This section runs as follows:

(3.) IT will be obvious from the various demands made by the town committee on the tea estate that the ulterior motive of the town committee is to get money from the tea estate without reference to any service of providing facilities and amenities. In this view of the matter, the inclusion of the tea garden within the town committee area must be held to be mala fide and contrary to Section 334 of the Act. The impugned notification No. LML/38/50/285 dated 4 -12 -59 (Annexure A to the petition) is struck down so far as the areas of the Petitioners are concerned. The petition is allowed. There will be no order as to costs.