THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3826 of 2007 ORDER: The petitioners are doing business in vending vegetables in the old market, Kadapa Town. The said market was in existence for the past several decades. In the recent past, a fire accident is said to have occurred. The Commissioner, Kadapa Municipal Corporation, respondent herein, issued individual notices, dated 27-01-2007, to the petitioners requesting them to vacate the premises. It was stated that it is no longer safe for the petitioners to do business in the old market and to avoid inconvenience to them, open space would be allotted to them at the old Municipal Office area. Thirty days time was given to the petitioners to vacate the premises. The petitioners challenge the individual notices. According to them, the proposal is not at all feasible or practical and the proposed area would not be adequate for such large number of merchants. It is further stated that the provision invoked in the notice is not relevant for the proposed action. On behalf of the respondent, a counter affidavit is filed. It is stated that apart from the fact that the structures in the old market have become old and unsafe, a fire accident has occurred in 2004. It is also stated that a new market complex would be developed in that area and that the interests of the petitioners would be protected by providing alternative site. Heard Sri Vedula Venkata Ramana, learned Senior Counsel for the petitioners, and the learned Standing Counsel for the respondent. It is not in dispute that the old market, where the petitioners are conducting business, vests in the Municipal Corporation, Kadapa. The building and structures therein have become old. The Corporation has every right to develop the market by making new construction. However, since the petitioners are licensees in the market for the past several decades, their interest is to be protected. In the impugned notice itself, the respondent offered to make available an area of about Ac.1.00 at the old Municipal Office area. Though the petitioners insist that larger area is needed to accommodate them, it would depend upon the availability of the site. Further, inconvenience that may be experienced by the petitioners would be a temporary phenomenon till a new market is constructed in the place of the existing one. Hence, the Writ Petition is disposed of directing that: a) the respondent shall make available open space of not less than Ac.1.00 with minimum facilities for establishing vegetable shops by the petitioners; b) as and when the place is ready for occupation, the respondent shall issue notices to the petitioners and the petitioners shall be under obligation to shift their business activity from the existing place, within a period of 30 days from the date of receipt of the notice; and c) after the construction of the new market complex is completed, the Corporation shall evolve modalities for accommodating the petitioners, duly holding discussions with the concerned representatives. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY, J 10th February, 2011 VJL/KDL