Delhi Agricultural Marketing Board vs Hakumat Rai

2. The above order came to be passed on the writ petition filed by the respondent. The averments in the petition are: The writ petitioner was a commission agent of fruits and vegetables at Phool Mandi, Darya Ganj, New Delhi. The appellant- Delhi Agricultural Marketing Board was a statutory body to regulate the marketing of agricultural produce and had declared certain areas as market areas. In the year 1998, the said Mandi at Darya Ganj was de-notified and the commission agents were to be shifted from there. License of the petitioner was not renewed as the market was shifted to Okhla where a new market was to be constructed by the Delhi Development Authority (DDA). The petitioner was included in the list of eligible persons but was not successful in the draw of lots held in 1987. Those who were allotted shops at Okhla were shifted from Darya Ganj in the year 1992. Thereafter, the petitioner made a representation in the year 1994 for some alternative site at Keshopur Mandi, Tilak Nagar, Delhi which was closer to his residence as he was not successful in the draw of lots held in the year 1987. In the year 1999, the name of the petitioner was recommended by the Secretary, APMC but he was not allotted a shop. In the year 2002, the petitioner again represented that as no shops were available in Okhla, he may be accommodated at new wholesale market. In 2003, the Agenda Item No.8 for allotment of shop to the petitioner was approved on 18th December, 2003 but he was not allotted a shop. In 2008, the petitioner represented for allotment of shop at Gazipur market and again in the year 2011, he sought allotment of shop at Keshopur, Okhla, Gazipur or any other market. Earlier, he had approached the High Court in Writ Petition (Civil) No.547 of 1993. He was given liberty to file representation. He also relied upon the order dated 24th January, 2003 in another case in Writ Petition (Civil) No.790 of 2000. In substance, the case put forward by the petitioner was that he was running his business at Darya Ganj since long and as the said market had been de-notified, he was entitled to be allotted an alternative shop at Gazipur or any other newly developed market.

3. The writ petition was opposed by the appellant by submitting that ‘B’ Category license can be granted only to the persons owning a shop in the market area/ yard of the APMC. Alternative shops in Gazipur market were being given only to those who were bona fide licensees of APMC, Shahdara. Thus, the petitioner was not eligible for allotment of shop in the said market. The learned Single Judge allowed the writ petition on the ground that the petitioner was waiting for allotment of shop since the year 1985 and was entitled to be accommodated at Gazipur particularly when no other markets were coming up in the near future. The observations of the learned Single Judge are :

6. The main contention raised on behalf of the appellant is that allotment of shop in a notified market area is not a legal right. Accommodation in the notified area depended upon the number of shops available. Further, vide notification dated 2nd September, 2014 it was notified that no license will now be required for the marketing of fruits and vegetables in Delhi except in the notified market areas. Thus, the appellant could continue to carry on his business at Phool Mandi, Darya Ganj. If he was not to be displaced from the place of his business, subject to his having right to occupy the shop from the premises where the business was being carried on, the appellant was under no obligation to allot an alternative shop to rehabilitate him. The case of the writ petitioner was considered from time to time, but since the number of claimants was more than the shops available, he could not be allotted a shop. The High Court had directed allotment of shop to him merely on the ground that he was waiting from a long time. Moreover, in view of the notification dated 2nd September, 2014, no license is required for the writ petitioner to continue at the present place of his business. The said notification is as follows :

9. In these circumstances, we dispose of this appeal by modifying the impugned order to the effect that the case of the respondent, along with all eligible persons, be considered, subject to the availability of a shop, within six months, in accordance with law.

August 24, 2016.

C.A. No........./2016 @ Petition(s) for Special Leave to Appeal (C) No(s).

Date : 24/08/2016 This petition was called on for pronouncement of JUDGMENT today.

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising Hon'ble Mr. Justice V.Gopala Gowda and His Lordship.

Leave granted.

The appeal is disposed of in terms of the signed Reportable Judgment.

(Signed Reportable judgment is placed on the file)