PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CWP NO. 3877 of 2008 Date of decision: February 02, 2009 *** Saroj Bala and others Versus State of Haryana and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Hemant Gupta. *** Present: None for the petitioner. Shri Randhir Singh, Addl: A.G.Haryana, for respondent No.1,4 and 6. Shri C.B.Goel, advocate, with Shri Nitin Jain, Advocate, for respondents No. 2 and 3. Shri J.P.Bhatt, Advocate, for Shri Arun Walia, Advocate, for respondent No.5. Ms. Monisha Lamba, Advocate, for respondent No.7. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to shift what according to the petitioners is illegal and un-authorized timber market established on both sides of the Jagadhari-Chachrauli Road from Agarsen Chowk to Samta Yog Ashram Road. The petitioners' case appears to be that timber market mentioned above has been functional illegally and contrary to the provisions of the Punjab Agricultural Produce and Markets Act, 1961( as applicable to the State of Haryana) and that the continuance of the market at its present location has caused environmental pollution, congestion, nuisance and resultant inconvenience to the residents of the area in the vicinity of the market. The petitioners have in support of their case placed on record photographs to show that huge stocks of timber are stocked in -2- CWP NO. 3877 of 2008 the immediate vicinity of the residential houses constructed in the area without the market being properly notified as a market yard or a sub-market yard under the Act mentioned above. A mandamus directing the respondents to shift the timber market to another duly notified locations has, therefore, been prayed for. In response to the notice issued by this Court, respondents No. 2 and 3, namely, the Haryana State Agricultural Marketing Board and the Market Committee, Jagadhari have filed a counter affidavit in which it is inter alia stated that the timber market in question has been in existence for over 20 years. It is further stated that earlier than the issue of three notifications marked Annexure R2/1 to 3 under the Act aforementioned, timber was not one of the notified agricultural produce regulated under the Act. It was only in August 2006 that timber was brought under the purview of the Act in terms of notifications dated 7.8.2006, 5.9.2007 and 4.3.2008, copies whereof have been enclosed with the counter affidavit. The respondents have further stated that the Market Board has drawn up a comprehensive plan to establish a timber market over a piece of land measuring 24 acres 5 Kanals 3 marlas purchased by the Board in Village Manakpur District Yamuna Nagar. Estimated cost of development of the said area as a timber market is to the tune of Rs.6,89,60,000/-. According to the respondents, the development work for establishing the timber market has already been allotted and is likely to be completed within a period of one year or so. No sooner the timber market is established the market existing at the present location will be shifted to its new location. A similar affidavit has been filed by Dr. Amit Kumar Agrawal, Deputy Commissioner, Yamuna Nagar. The affidavit inter alia points out that the timber market is being set up by the Marketing Board and that no sooner the same is established, all the persons running their business of timber will be directed to shift their business in the newly established timber -3- CWP NO. 3877 of 2008 market. In para No.6 of the said counter affidavit, the Deputy Commissioner, Yamuna Nagar has made the following specific statement:- “That in reply to the contents of para No.6 of the petitioner, it is submitted that the respondents have already initiated actions to establish separate timber market in an area measuring 24 acres 5 Kanal 3 Marlas of land and work is already under progress and timber market is likely to be established within a year or so. As soon the development work is completed and after completing legal formalities all the persons running business of timber will be directed to shift their business in the timber market”. No one has appeared on behalf of the petitioners. Since, however, the writ petition has been filed in public interest, we have gone through the record and heard counsel appearing for the respondents, instead of dismissing the same for non-prosecution. It was argued by learned counsel for the respondents that process of establishing a proper timber market has also been initiated and is currently at an advanced stage and that the market should be commissioned by July, 2009. If that be so, we see no reason why the market cannot be shifted to its new location which is duly notified and regulated under the Act by December 2009. The Deputy Commissioner has already made a statement extracted above that once the market is established all those carrying on business in the sale and purchase of the timber at the present location shall be directed to shift to the new market place. In that view of the matter, we see no reason why these proceedings should continue to remain pending with us. The same can in our opinion be disposed of with a direction to respondents No.2 and 3 to expedite the establishment of the Mandi and to make allotment of the sites in the same in accordance with the rules and the norms prescribed for the purpose to all those who are carrying on business in the sale and purchase of timber at the present location so that they could as and when directed by the -4- CWP NO. 3877 of 2008 administration shift to the new place. The State Government and the District Administration shall also expedite the process by shifting of the market to the new location to ensure that the same is completed by December, 2009. This writ petition is with the above directions disposed of. No costs. (T.S.Thakur) Chief Justice (Hemant Gupta) Judge February 02, 2009 Malik