Guwahati Court August 1984 Judgments

Umed Sharma Vs. Doom Dooma Town Committee and anr.

Court: Guwahati

Lahiri, J. 1. The polemical question raised in this writ application is whether the Municipal Board has any jurisdiction visualised by the Assam Municipal Act, 1956, for short, 'the Act', to prohibit use of a public road by a class of vehicles for an indefinite period? To determine the question it is necessary to consider the provisions of Sections 152 and 153 of 'the Act' and also the facts and circumstances of the case which are set out hereinbelow : 2. The petitioner is a fire wood dealer of 'Daily Bazar' at Doom Dooma' who used to bring his goods in Motor Vehicles. From the second week of Sept. 1978, the Doom Dooma Town Comittes, Respondent No. I, without serving any prior notice, closed a portion of the public road leading to the Daily Bazar area connecting William Road, Wood Road (Tara Road) and Netaji Road, for heavyvehicular traffic. Against the order the petitioner filed an application to the S. D. O. (Civil) Tinsukia, which was heard and decided in favour of the petitioner....