1 Jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3708 OF 2008 Satish Narayan Durve and others .. Petitioners Versus The State of Maharashtra and others. .. Respondents Shri P. M. Pradhan for Petitioners Shri C. R. Sonawane, AGP, for the Respondent Nos.1, 3 & 4 Shri Kirit J. Halkani with Ms. Madhumit Nadkar for Respondent No.2 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 22nd April, 2009 P. C. . Heard. 1. This petition is filed challenging the notifications dated 24th May, 2007 and 25th January, 2008 issued for shifting vegetable market from the existing site to Kalyan-Shilphata Road. 2. Petitioner is the President of Laxmi Market Bhajipala Vyapari Sanghatana who is representing Semi vegetable wholesaler and retailers. The existing market came into existence 2 by notification dated 18th September, 1982. The Agricultural Produce Marketing Committee (APMC) has taken decision to shift the said vegetable market to meet the growing need of the public and business. So, the place at Kalyan-Shilphata Road, was found suitable for the vegetable market. 3. Learned Counsel appearing for the petitioners has submitted that these two notifications are illegal, unconstitutional and bad in law as they affect the right of the petitioners who are at present having Galas at Laxmi Market. It is further contended that these dealers/petitioners have paid substantial amount, nearly Rs. 40 lakhs to APMC for the purpose of construction of galas for Laxmi Market. The Petitioners apprehend that they would not get galas in the new place of shifting and, therefore, they are opposing the shifting of this vegetable market at the place declared as per the impugned notifications. It is further contended that the notifications are malafide and deserves to be quashed and aside. 4. In the notification dated 25.1.2008, all objections and representations of the vegetable dealers including the objections raised in the present petition are duly considered by the committee. The factors like township development, overcrowding, accumulation of vegetable garbage on public streets, cleanliness of the City, administrative convenience, accommodation to more vegetable vendors and growth of the business etc. are duly 3 considered. Shifting of market will also solve the routine problem of traffic jam which invariably occurs at the time of loading- unloading vegetables from the big trucks and tempos. Moreover, the proposed new place of market is half a kilometer away from the existing Laxmi Market. The Committee has invited the applications from the vegetable vendors to give fair opportunity to all. It is mentioned in the notification that those who have applied after the stipulated date and time, committee will try to accommodate them also by constructing new and more galas, if permitted. Further, Laxmi Market will be open for the retailers to conduct their business. 5. Thus, we found that in the notifications, all these aspects are exhaustively dealt with sound reasonings. Nothing is brought to our notice that APMC is not competent to take such decision under the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963. On the other hand, the decision of shifting the said vegetable market to a bigger and convenient place than the existing site is in public interest and bonafide. We do not find any merit in this petition. In the result, the Petition is dismissed with costs. ( MRIDULA BHATKAR, J.) (J. N. PATEL, J.) 4