1 1 9 415 1 1 r 1 1 CWP N013024 of2009 etc 1 1 TN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARR DATEOFDECISION ll11 1010 1CWP No13024 of2009 1 r Mls Chandgi Ram Ram Niwas and others 0 C0 eeePetitioners I Versus 6P C9 I HaryanaState AgriculturalMarketing Board and others 1 f Z Respondents 2 2CWP Nol3141 of2009 C Mls VijayKumar DineshKumar and others I 08 eeePetitioners rn Cr Versus 17 Z Chief Administrator HaryanaState AgriculturaIMarketingBoard and 1 others Respondents 3CWP N0014153of2009 Mls Deepak Kumar Baru Ram Propland another C eeePetitioners Versus HaryanaState AgriculturalMarkcting Board end oihers 1 1 4eCWP No14138 of2009 170 o1II L Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 I e S 416 14 5 c4 14 CWP Nol3024 of2009 etc 2 4 Mls Om Parkash SanjayKumar and others eeaPetitioners Versus Haryana State AgriculturalMarketingBoard and others 5eCWP Noe15311of2009 1 Mls Bhatia TradingCoeand others 1 C eeePetitioners 0 Versus Ce I HaryanaState AgriculturalMarketingBoard and others C9 I aRespondents 6eCWP Noe15307of2009 Z Mls Jamindara TradingCoeand others t eeePetitioners 08 Versus 0 HaryanaStateAgriculturalMarketing Board and others mW Z Om CORAM HONBLE MReJUSTICE PERMOD KOHLI Presentl MRavi KapurAdvocate for thepetitioners 1 MrAkshayBlan Advocate Cl MrGirish AgnihotriSr Advocate with MrVijayPal Advocate for respondents Permod Kohli J Keepingln vlew the common factual and questionsof law thesepetitions are being ofbythis common order Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 7 0 417 10 9 r 117 bi 1 CWP N013024 of2009 etce 3 1I The petitioners in all thesepetitions are licenseeshavingbeengranted licenses for the sale ofgrainsetc Admittedlyall ofthem were operating in the Old Grain Market at Uklana Mandi District Hissar The HaryanaState AgriculturalMarketingBoard lereinafterreferredto as respondent Board9establisheda new grainMarket at Uklana 110 plotsof the size of 20 x 50 were carvedout in the year2002 Ioaccordancewith thepolicyof the StateGovernment lt was decided to allot plotsto the existinglicensees Q at reservedpriceAs many as 86 existinglicencees were foundeligibleas 0 per the policylnorms formulatedby ExistingIicensees 0 I did not opt for the plots at the reservedpriceprobably Oll the groundthat CD the pricefixed 1S tOOhigh79 plotswere thus sold in open auction in first Z lr phaseand 31 plotswere left In so far as the existinglicenceesare Z concerned onlysuch Iicenceeswere consideredfor allotment of plolswho C were holding1icenses upto March 1995 Some of the presentpetitioners Z though were existinglicenseesbut theyhad obtainedlicensesbetweenthe 08 CQ years1995 to 2000 and were not foundeligibleunder the norms laid down V for the purpose 31 plots put to draw of lots were on reserved Z CL price on 16S2005 Only such licenseeswere permittedto participate lIl draw of lots who had licencesupto 31122000 26 eligiblepersons were allotted plotson reserved priceand 5 persons were allotted plolson the basisof various court directions as 1S evident from the minutes of the C meetingof the Board held on 2682005 Some of thepetitionersmentioned lll the writ petitionswere found eligibleHowever on account of non participationtheycould not be allottedtheplotsin draw oflots It is alleged that such of the petitionerswho were not allotted plotseither on account of nonoarticipation or ineligibility at the relevant time were assuredthat they Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 418 17 lr lr 4 142 1 4 CWP No13024 of2009 etc 4 11 rr 1 1 7 would be allotted plotson reservedpricein Phase II It is further alleged 1 4 that Chief Minister of the State had assured to modir the existingpolicy layingdown eligibility and such of the old licenseeswith five yearslicence would be considered for draw of lots In the meanwhile the Board decidedto allot the plotsbyopenauction The date of auction was fixed on 192008 The Board also took a decision n 233 2 008 to allot 1 plotsto old licensees of CategoryI CatchaArhtiyas9 so as to revise lhe 1 Q policyfor allotmentDecision ofthe Board is reproduced hereunder1 0 3Regardingallotment of shololotsto old licenseesof C I category Kacha Arhityal111 the New Grain and 049 Vegetable Markets I The matter was discussedin etail In order to make the Z 5C 2 new marketsfully operationalthe old markets may be delotifled The existingpolicylS defectiveto the extent I that it has not taken into considerationthe factor of 08 QO dplacement of the old licenseesThus the e Board decidedto the existingpolicy revise to the extent Z t1 that the eligibilityfor allotmentof plotson basis wiIl be for all those licenseeswho have four years 1 valid licenseof i9 1 Katcha Arhityaon the date on which the are invited for draw of C lots All other conditionsshall remain thesame 32 Under the aforesaiddecision the old marketswere to be denotitled and the existinglicenseeshavingfour years valid licence of Category6ii would be eligibl for allotmentof plotson preferentialbasis The State Governmentaccordingly issued notificationdated 92008 and substituted 1 Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 419 0 Ill n n l 4h r14 2 Il CWP No13024 of2009 etc 5 14 1 f 1 1 1 Rule3 Sub Rule 19for Clause iiil as underl 1 rl Only those Category6iil Licensees shall be eligiblefor allotment of plotswho had valid liceriseof four yearson the date of inviting for draw of lots 13 In view of the auction notice for allotment of plotsbypublicauction 1 the aggrievedexistinglicenseesfiled appeals before AppellateAuthority ChiefAdministratorHaryanaState Board Sector6 CC Panchkula HaryanaIt appears that in view of some oral observations 0 duringthependency of the said appealsanotherauction was notified to be C0 I held on 2662009 Aggrievedofthe same CWP No355 of2009 was fed CD before this Court In the said writ petitionauction was held subjectto the Z 1 ultimateoutcome of the writ petitionDuringthe pendencyof the writ Z petitlon Chief Administrator dismissed the appealvide order dated 2272009 In Vlew of the decision of the appellateauthoritythe writ I petition was dismissedas withdrawn with libertyto the order of a5 0 the vide order dated 188009 passedby this Court 7 The Appellate order dated 1 82009 1S subjectmatter of Z in these writ petitions In additionto the aforesaidorder Qm the petitionershave also advertisementdated 382009 wherebv open auction of the plots was scheduled to be held on 2682009on conditions specifiedtherein C The contention raised bythe petitionersis two foldl 6a9The existing SS hV a r18ht tO allotmentofthe plotson the fixedpriceand 09all thosepersonswho have existing licenses operational for the last four years are eligiblefor such allotmentin terms of the decisionof the respondents 1 dated192008 Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 420 18 Ie CWP No13024 of2009 etce 11t1 I9 6 1 1 1i1 While issuingnotlce of motion vide order dated n 1 1 21 82009 this Court had directedthe respondents to keepreserved plots equalto the writ petitionersubjectto ultimateoutcome of the writ petitio ns The claim of the petitioners for allotmentof plotsat New Grain Market have been contestedby inter alia on the groundse6i9 ofthese is questioned 1 C Ul view of the of alternativestatutoryremedy of revision before 0 the StateGovernmentunder Section40 of thePunjabAgricultural Produce C I Market Act 1961 hereinaftereferredto as the 1961 Acte 29 Thatn CD I the year 1997 the responden3oardframed rules namelyHaryana Board 6Saleof lmmovablePropertyl Z Rules 1997 1 hereinafterreferredto as the 1997Ruleslwhereunder il is providedthat C the immovablepropertiesbe sold onIybypublic auction The aforesaid I a5 Rules were however replacedbyHaryana State Agricultural OO Board 6Saleof Immovable Rules 2000 referred lo as a the Rules20009 eligibility Z of havingfour years licenseat the Clm time of considerationThe relevantamendedrUleSOf Rule 2000are notjced as under 19All immovableproperties in the markets 1 C1 bythe Board or MarketCommittees shall be of bYWY Of auctlon in accordance with theprovisionsof theserules The shopplotswill be allotted to the old licenseesof category ii of old markets which 1S to be denotifled resultinglIl 1 of such licenseddealersof categoryii on Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 421 J 01 I tt CWP N0013024of2009 etce 7 1 free hold basis for conductingbusinessof sale and w 1 purchase of produce in the new markels on the following terms and 0 In the marketswhere some auctlOll have already been held the allotmenlshall be made on the basisofthe 3 averagepriceofthe last auction ii9In the marketswhere no auctlOll has so far beenheld m r1 1 the allotmentpriceshall be Oxedat thirty ve per cent 0 0 above the reserve price The reserve price shall be 40 I worked out as per the formulateapprovedby the CD I Board vide its resolution dated the flrst June 1987 or cr any other formulateto be approvedbythe Boardfrom Z tlme to time iiilOnlythosecategoryi licenseesshall be eligibilefor I 08 allotmentof plotswho had valid licenseof two years m on the date of first auction ln the case of mandis m3 where some auctions have already Z been held In the Ll case of aIready mandis where no auctions haveso far beenheld the licenseeshould havevalid licenseof categoryii9for at least6ve years as on 1 January2000 In the case of Mans to be C 111future the licenseeshould have t at least two years licnse of categoryii9 on the date of issuance of notiflcationunder Section4 of the Land Auction Act 1894 6Actof 18941or the date oftransfer ofland to the Market Commitlee if the land lS oblained Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document rn 422 J 1114 1 CWP N013024 of2009 etc 8 kn 1I rrj otherwise as thecase may be t 0111 ivsuch licenseesmust have paidmarket fee of at least Rs50001 annuallyfor thelast two Provided that in case of a category i licensee who does not pay market feeshimself his annual turnover duringthe last two years shouldebe at least rupeestwo lakh fiftythousandIl 1 1 Ll Clause 6iii of Sub Rule 619of Rule 3 was furtheramended vide 0 Notification dated 182009 whereby such of Category6iillicenseeswere 0 I rnadeeligiblefor allotmentof plotswho had valid licence of four yearson C9 the dateflxed for inviting for draw oflots I haveheardlearnedcounsel for partiesIt is not in disputethataIl the Z petitioners are existinglicenseesand were carryingon their businessin the 2 old grain market lIl Uklana It is equallyadrnitted position that the Z govemment decided to wind up the existing grainmarket and to establish 08 m a new grain market In the flrst phase 110 plotsofthe Slze of 20 x 50 t 7 were Carvedout in the year 200 In termsof laid down Z norms under 1997 rules old licenceeswith five years were eligibleon reserved price However all the 86 eligiblelicenseesdid not opt for plotson the reserved pnce meant for old l icensees on the pleathat the price is too high Petitionersin CWP N013141 of 2009 are ail originaleligiblelicenseeswho C refusedthe offer at the fixed price Petitioners CWP Nosl3024 15307 e in and 15311 of2009 are those who wer grantedlicencesafter 1995 but bfOre October 2000 whereaspetitioners lIl CWP Nos4138 and 14153of 2009 havebeen grantedlicenses between2001 to 2005 The first draw of lots was to be held for 86 eligiblelicenseeson 1612002 None of them Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1te 14t 1 423 C 1 0 1 7Y2 CWP N013024 of2009 etce 141 9 came forward to seek allotmentOll reSerVedprice Second draw of lots agaln for old eligiblelicensees was scheduled to be held on 24 2003 Againnone of them turned up The Board conductedthe open auction on 2532003 when 16 plotswere sold Another open auction was held on 1592004 wherein 64 plotswere SOld Out of 111 plotspen auction for remaining 31 plotswas scheduledto be held 82005 The Oll same was cancelled on atcount of of old licensees The 1 Ir decidedto allot 31 plotson 0 reserved price to old licensees All the petltioners except 0 petitioners111 I CWP Nol4153 of 2009 out oftotal 114 applicantswere foundeligible C9 Z amongst86 licenseesunderRule 3 619xii9Since numberofplotswere Iess than the eligiblelicenseesdraw of lots Z was reorted to and all the 31 plots were sold on the reserved priceby draw of lot held Oll 1682005 The Ct Cr disputeseems to havearisen whensecondphaseof New Grain Marketwas I O8 carved out with 116 plots notiOedthese plols for auction QO vide AnnexureP9 Such of thepetitioners tC who were eligiblewhenthefirst IW2 allotmentwas made on fixed Z prlce but did not opt seemsto have Qm their mind and becameinterestedfor allotmentof plots Rule 3 611xii9 providesfor allotmentofplotsto theeligiblelicenseesin the orderof their seniorityto bedetermined ii9 though the allotmentof numberof plotswill be decided through draw of lots had fixed periodof four years V as periodof 6 licence for entitlementfor allotment On flxed price the date of as on issuance of the notice for draw of lots h S the Case of the respondents that thesecond phaselS not a new grainmarket but onlyan extension of the originalgrainmarket The eligiblelicenseeswere allottedplotsOll the basis Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 424 1 CWP N0e13024of2009 etce 10 6 10 1 1 Ir ofreservedpriceon 1682005 which can be construedto be the crucial or 11 1 rt9i 1 the relevant date for the purposeof allotmentof plotsto the old licensees Even when 31 plotswere allotted such of the licenses who had earlier declinedthe offer on the reservedpricewere allowed to participate in the drawof lots and have beenallottedthe plotsSimilar treatment cannot be denied to other 01d licenseesat least to those who were eligibleon 1682005 The rightof the existing licenseeshas also been considered by m r Honble Supreme Court in case of Mls Labha Ram and sons and others 0 VSe State of Punjaband others JT 1998 SC 636 whereinit has been C0 I observedas under CD lOlt is notedthat Iearnedjudges did not doubt I the correctness of the principlethat Governmenthas an 1 inherent to provideall the licensed dealers Z sufficientaccommodationfor carryingon their trade But r can 2 it be said that n such stands merelyby r allowing them to competewith outsidersin the open auction It must be rememberedthat even without any special I provisionthe existingtraders can have such a right to a5 competewith rest of others We flnd much force in the contentionof the learnedcounsel for theappellant 0 that merelyproviding an opportunltyto competewith the rest of thepublicfor gettingaccommodationin the new Marke 1S VA3 not sufflcient to the lnherent of the Z Govnment to providethe existing traders at the new market Il area hence lt 1Sdifflcult to concur with the Vlew in Chand Ram Ram Chand vs StateofPunjaboSupral XXX XXX xxx XXX 151t is easy to contendthat theexisting traders can still operatefrom their old placesbut then for the conductof their e businessfor sale of agriculturalproducetheyhaveto come to new Mandi It would mean that theyhave to come to the new Mandis for conduct of theirroutine businessbutfor businesstheycould continueto do the same at old placesThe fact remalns that any trader would like to conduct his businessof sale and purchaseof agricultural produceat theplatformcloseto hisshop 13 Petitionerslll all these writ petitionsexcept petitionersin CWP No4153 of 2009 were eligibleWhen plotswere allotted on flxed price Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document Vl 425 0I 1 1 v nC 04 5 Il n 1 01 CWP No13024 of2009 etc 11 5 Cv nl However due to lesser number of plotstheycould not be allotted plots 1 1 1 Now more plotshave been carved out in this New Grain Market Their rightcannot be defeatedby passageof time or the decidesto allot the plotsby open auction with the sole objectof earningmore revenue Admittedlyno sale is in the old grainmarket the same havingbeen deenotified Thus the existinglicensees cannot operatefrom the old premises as has beenoberved bythe Honble Supreme Court It has 1 C come on record thatout 0f116 plotscarved out in Phase Il 53 plotswere e 0 sold by open auction on 2662009 Thus 63 plotsare still available These 0 I plotscan be allotted to the petitionersexceptpetitioners ln CWP No4153 e of 2009 who obtained licencesonly111the year 2004 and had not I the requisiteperiodof Iicense Rule 3 of the 2000 Rules further Z providesfor allotment of plotswhere some auction hasalreadytakenplace C on the baSiS priceofthe last auction wherethe old marketstands I delotified This rule provides a valid rational and reasonable basis for 08 a0 allotmentof plotson fixed pnce Petitionersexceptin CWP No4153 of 7 2009 were eligibleon the dateofauction ie 162005 Theyare entitled to Z be consideredfor allotment Il This petition1S accordinglydisposedo f with the following directions i9Petitioners in all thewrit petitionsexcept etitionersin CWP N0141530f c 2009 shall be considered for allotmentof plotsln New Grain Market Oll 8xed priceto be determinedin terms of Rule 3 619of 2000 Rules by e utilizing63 plotslll New Grain Market The processof considerationshalI be within a periodof three months Successful petitioners lll draw of lots will be allotted the plotswithin one month thereafter on Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document a47 4J P4 CWP Nol3024 of2009 etc 12 paymentof the requisitepnce or any such other manner as may be prescribed under Rules ofthe CWP Nosl3024 14138 15307 15311 and 13141of 2009 are allowed in the above manner whereasCWP Nol4153 of2009 is dismissed r 6 000 U3 PERMOD KOHLII Smewa JUDGE 1 r Ilelle2010 MFK 0 l 1 O NOTE Whether to be referred to Reporteror notlYES I 0 I 1 e veIPa C Cr VA Z Ll d Anita 2014.04.17 12: 37 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document