I N THE HI GH COURT OF PUNJAB AAHARYANA v. HaryanaSt at e Agricult uralMarket ingBoard an

Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 203 9 CWP N013024 of2009 et ce 3 V Thepet it ionersin all t hesepet it ionsare licenseeshavingbeen grant ed licensesfor t he sale ofgrainset c Adm it t edlyall oft hem were operat ingin t heOld Grain Market at UklanaMandi Dist rict Hissar The HaryanaSt at e m 0 Cao I CD Cr Z C 08 Cr J Z Market ingBoard hereinaft erreferred t o as Board est ablished anew grainMarket at Uklana 110 plot sof t he size of 20 x 50 were carvedout in t heyear 2002 I n accordancewit h t he policyof t he St at eGovernm ent lt was decidedt o allot plot st o t he exist inglicensees at reservedpriceAs m any as 86 exist inglicencees were found eligibleas pert he form ulat ed by Exist ingl icensees did not opt for t he plot s at t hereservedpriceprobablyon t he groundt hat t he pricefixed is t oo high79 plot swere t hussold in open auct ionin flrst phaseand 31 plot swere I n so far as t he exist inglicencees are concernedonly such licencees were considered for allot m ent of plot swho holdinglicenses upt o March 1995 Som e of t he presentpet it ioners t houghwere exist inglicensees but t heyhad obt ained licenses bet ween t he years1995 t o 2000 and were not found eligibleunder t he norm s laid down for t he purpose Rem aining31 plot swere putt o draw of lot s on reserved priceon 162005 Onlysuch licensees were perm it t edt o part icipat e111 draw of lot s who had licences upt o 31122000 26 eligiblepersons were allot t ed plot son t eserved priceand 5 persons were allot t ed plot son t he basis of various court direct ions as lS evident from t he m inut es of t he C rneet ingof t he Board held on 2692005 Som eof t he pet it ionersm ent ioned t lie writ pet it ionswere found eligibleHowever on account of non t heycould not be allot t ed t heplot sin draw oflot s lt is alleged t hat such of t he et it ioners who were not allot t ed plot seit her on account of ineligibilit yat t he relevant t im e were assuredt hat t hey Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 204 CWP N0013024of2009 et ce J 6 4 would be allot t ed plot son reservedpricein Phase I I I t is 81rt heralleged t hatChief Minist er of t he St at e had assuredt o m odi67t he exist ingpolicy layingdown eligibilit yand such of t he old licensees wit h five years licence wouldbe considered for draw of lot s I n t he m eanwhile t he Board decided t o allot t he plot sby open auct ion The dat e of auct ion was flxedon 92008 The Board also t ook a decisionl 2332008 t o allot plot st o old licensees of Cat egorylIKat cha Arht iyas9so as t o revise t he policyfor allot m ent Decision oft he Board is here underl Regardingallot m ent of shopllot st o old licensees of cha Arhit yalin t he New Grain and Veget ableMarket s The m at t er was discussed in det ail I n order t o m ake t he new m arket s illy he old m arket s m av be delot ified The exist ingpolicyis defect ive t o t he ext ent t hat it has not t aken int o considerat ion t he fact or of com pulsory of t he old licensees Thus t he Board decidedt o revise t he exist ingpolicyt o t he ext ent t hat t he eligibilit yfor allot m ent of plot son basis will be for all t hose licensees who have four years valid license of Cat egory6iil e Kat cha Arhit yaon t he dat e on which t he are invit ed for draw of 1 L 0 0 CD Z Z r C Cr 08 0 Vm Z r C lot s All ot her condit ionsshall rem ain t he sam e 22 Under t he aforesaid decision t he 01 m arket swere t o be de4lot ifled and t he exist inglicensees havingfour years valid licence of Cat egoryi9 would be eligibl for allot m ent of plot sOll basis The St at e Governm ent accordinglyissued not icat ion dat ed 1 92008 and subst it ut ed Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 205 CWP N013024 of2009 et ce e Rule3 Sub Rule for Clause as under 5 Only t hose Cat egory Licensees shall be eligiblefor allot m ent of plot swho had valid license of four years on t hedat e ofinvit ing for draw oflot s I n view oft he auct ion noce for allot m entofplot sbypublicauct ion t he exist inglicensees filed appealsbeforeAppellat eAut horit r Chief Adm inist rat or HaryanaSt at eAgricult uralMarket ingBoard Sect or 6 Panchkula HaryanaI t appears t hat ln view of som e oral observat ions duringt he pendencyoft he said appealsanot her auct ion was not ified t o be held on 26f02009 Aggrievedoft he sam e CWP N09355 of2009 was fit ed before t his Court I n t he said writ pet it ionauct lon was held subj ectt o t he ult im at eout com e of t he writ pet it ionDuringt he t he wnt pet it ion Chief Adm inist rat or dism issed t he appealvide order dat ed 222009 I n view of t he decision of t he appellat eaut horit yt he writ pet it ionwas dism issed as wit hdrawn wit h libert yt o challenget he order of t he appellat eaut horit yvide order dat ed 1882009 passedby t his Court The Appellat eaut horit ysorder dat ed 1182009 1S subj ectm at t er of challengein t hese writ pet it ionsI n addit iont o t he aforesaidorder t he pet it ionershave also challengedadvert isem ent dat ed 3 8 2009 whereby openauct ion of t he plot s was scheduled t o be held on 262009 condit ions specifiedt herein The cont ent ion raisedby t he lS t WO fold 6a9The exist ing licenSeeshave a rightt o allot m ent oft he pot s on t he fixed price and 6blall t hose personswho have exist inglicenses operat ionalfor t he last four years C 0 C CD Z r t I 08 4rm e Z Om C are eligiblefor sit ch allot m ent in t erm s of t he decision of t he respondent s Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 dat ed 12008 True Scanned Copy of t he Original PHHC, Chandigarh 206 CWP No13024 of2009 et c 6 While issuingnot ice of m ot ion vide order dat ed 282009 t his Court had direct ed t he t o keepreserved plot s equalt o t he writ pet it ionerssubj ectt o ult im at e out com e of t he writ pet it ions The claim of t he pet it ionersfor allot m ent of plot sat New Grain Market have been seriouslycont est ed by int er alia on t he following of t hese writ pet it ionsis quest ioned in view of t he availabilit yof alt ernat ivest at ut oryrem edyofrevision before t he St at eGovernm entunder Sect ion 40 oft he Punj abAgricult uralProduce lvlarketAct 1961 hereinaft erreferred t o as t he 1961 Act t he That 1997 t he fram ed rules nam elyHaryana Agricult uralMarket ingBoard Sale of lm m ovable Rules 1997 hereinaft er referred t o as t he 1997Rulesl where under ll lS providedt hat t he im m ovablepropert iesbe sold onlybypublic auct ion The aforesaid Rules however replacedby HaryanaSt at e Agricult uralMarket ing Board Sale of I m m ovablePropert yRules 2000 hereinaft erreferred t o as t he Rules 20009prescribingeligibilit yof havingfour years license at t he t im e of considerat ion The relevant am endedrules of Rule 2000 are not iced as under 3610Allim m ovablepropert iesin t he m arket sdeveloped 1r 0 C I C5 I Z C I C4 7 Z Ll C by t he Board or Market Com m it t eesshall be disposedof by way of auct ion in accordance wit h t he provisionsof t heserules The shopplot swill be allot t ed t o t he old licensees of cat egory io of old m arket s which t o be denot ified result ingin of such liccnsed dealersof cat egory iil Oll Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 207 5 l 1 CWP No13024 of2009 et ce t 1 7 free holdbasis for conduct ingbusiness of sale and producein t he new m arket s Oll t he t erm s and condit ionsnam elY i9I n t he m arket swhere som e auct ion have alreadybeen heldt he allot m ent shall be m ade on t he basis of t he priceoft he last auclione iilI n t he m arket swhere no auct ion has so far been held t heallot m entpriceshall be fixed at t hirt yOve per cent above he reserve price The reserve priceshall be workedout aS per t he form ulat eapprovedby t he Boardvide it s resolut ion dat ed t he first June 1987 or any ot herform ulat et o be approvedbyt he Board from t im e t o t im e t hose cat egory6iillicensees shall be eligibilefor allot m ent of plot swho had valid I icense of t wo years t he dat e of first auct ion lll t he case of m andis where som e auct ions have alreadybeen helcl I n t he case of alreadydevelopedm andis where no auct ions haveso far been held t he licensee should have valid license of cat egory6iil for at least five years as On lsl January2000 ln t he case of Mandis t o be developed fut ure t he licensee should have at least t wo years licnse of cat egory6iio on t he dat e of issuance of not ificat ionunder Sect ion 40f t he Land Auct ion Act 1 0 Ca C5 Z 2 c C6 C m Z CL C 1894 6Actof 18941or t he dat e of t ransfer of land t o Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh t he Market Com m it t ee if t he I and is oblained Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 208 CWP Nol3024 of 2009 et ce 1l ot herwiseas t hecase m ay be 21 8 licensees m ust have paidm arket fee of at Rs50001 annuallyfor t he last t wo years Provided t hat in case of a cat egory6ii licensee who doesnot pay m arket fees him self his annual t urnover duringt he last t wo years shouldebe at least rupeest wo 1r 0 0 0 I Ct Z C Ct I C4 Ct 7 Z lakh fift yt housand35 Clause iii9 of Sub Rule 19of Rule 3 was furt her am endedvide Not iflcat iondat ed m ade 92009 wherebysuch of Cat egory6ii9licensees were eligiblefor allot m ent of plot swho had valid licence of four years0n t hedat e fixed for invit ing for draw of lot s I have heard learnedcounsel for part iesI t is not in disput et hat all t he are exist inglicenseesand were carryingon t heir business in t he old grainm arket in Uklana I t is equally adm it led posit iont hat t he decided t o wind up t he exist inggrainm arket and t o est ablish a new grainm arket I n t he first phase 110 plot sof t he size of 20 x 50 carved out in t he year 200 I n t erm sof laiddownnorm sunder 1997 rules old licencees wit h five years were eligibleon reserved price However all t he 86 eligiblelicenseesdid not opt for plot son t he reserved pricem eant 01d licensees on t he pleat hat t he price I S t oo high Pet it ionersin CWP No3141 of 2009 are all originaleligiblelicenseeswho C refusedt he offer at t he fixed price Pet it ioners in CWP Nosl3024 15307 and 15311 of 2009 are t hose who were rant ed licences aft er 1995 but beforeOct ober 2000 whereaspet it ionersin CWP Nos14138 and 14153of 2009 have been grant edlicenses bet ween2001 t o 2005 The flrst draw of lot s was t o be held for 86 eligiblelicensees on 16122002 None of t hem Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 209 CWP No13024 of2009 et ce 1 57J 9 cam e forwardt o seek allot m ent on reservedprice Second draw of lot s againfor old eligiblelicensees was scheduled t o be held on 2432003 Againnone of t hem t urned up The Board accordinglyconduct ed t he open auct ion OI l 2532003 when 16 plot swere sold Anot her open auct ion was held on 1582004 wherein 64 plot swere sold out of 111 plot sOpen auct ion for rem aining31 plot swas scheduled t o be held on 862005 The sam e was cancelled on account of of old licensees The accordinglydecided t o allot t he rem aining31 plot sOll reserved pricet o old licensees All t he pet it ionersexcept pet it ionersin CWP Nol4153 of 2009 out oft ot al 114 applicant swere am ongst86 found eligible I icenseesunder Rule 3 1J6xiOSince num berof plot swere less t han t he eligiblelicensees draw of lot s was resOrt edt o and all t he 31 plot s were sold on t he reservedpriceby draw of disput eseem s lot held on 1682005 The t o have arisen when second phaseof New Grain Market was carved out wit h 116 plot s not ied t hese plot s for auct ion vide Annexure I a9 Such oft he who were eligiblewhen t he first allot m entwas m ade on flxed pricebut did not opt seem s t o have changed m 0 0 I C0 I Z 0 I 08 m 7 Z Om t heir m ind and becam e int erest edfor allot m ent of plot s Rule 3 61 xii9 providesfor allot m ent of plot st o t he eligiblelicensees in t he order of t heir seniorit yt o be det erm inedon t he basis oft heir periodoflicence t hought he allot m ent of num ber of plot swill be decided t hroughdraw C of lot s had flxed periodof four years as qualifyingperiodof liceiice for ent it lem ent for allot m ent on fixed price as on t he dat e of issuance of t he not ice for draw of lot s I t is t he case of t he respondent st hat t he second phas61S not a new grainm arket but only an ext ension of t he originalgrainm arket The eligiblelicenseeswere allot t ed plot son t he basis Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 210 CWP Nol3024 of2009 et ce 1 1 10 ofreservedpriceon 1682005 which can be const ruedt o be t he crucial or t he relevantdat e for t he purposeof allot m ent of plot st o t he old licensees Even when 31 plot swere allot t ed such of t he licensees who had earlier declinedt he offer on t he reservedpricewere allowed t o part icipat ein t he draw of lot s and have been allot t ed t he plols Sim ilar t reat m entcannot be denied t o ot her old licensees at t o t hose who were eligibleon 1682005 The rightof t he exist inglicenseeshas also been consideredby Honble Suprem eCourt 111case of Mls Labha Ram and sons and ot hers VS St at eof Punj aband ot hers JT 1998 01 SC 636 wherein it has been observedas under lOlt learnedj udges did not doubt t he principle t hat Governm ent has an deaiers is not edt hat t he correct ness of inherent obl igat iont o provideall sufficientaccom m odat ionfor carryingon t heir t rade But can it be said t hat such m erelyby allowingt hem t o com pet ewit h out sidersin t he open auct ion I t m ust be rem em bered t hat even wit hout t he licensed st ands any special provisiont he exist ingt raders com pet ewit h cont ent ion right t o rest of ot hers We find m uch force in t he can have such a of t he learned counsel for t heappellant t o com pet ewit h t he rest lS t hat m erelyprovidingan of t he publicfor get t ingaccom m odat ionin t he new Market not sufflcient t he inherent Governm ent t o providet he exist ingt radersat area hence it Chand Ram Ram Chand vs St at eofPunj ab ipra9 1SdifOcult t o concur wit h t he View adopt edin of t he t he new m arket t o XXX XXX XXX 151t is easy t o cont endt hat t heexist ing t raders can st ill operat efrom t heir old placesbut t hen for t he conduct of t heir businessfor sale ofagricult uralproducet heyhave t o com e t o new Mandi t hat t heyhave t o com e I t would m ean t o t he new Mandis for conduct of t heir rout ine businessbut for businesst lieycould cont inue t o do t he sam e t hat any t rader would 1ike t o at old placesThe fact rem alns conduct his business of sale and purchaseof agricult ural produceat t he plat formclose t o his shop51 1 C 0 C I CD I r Z 5t C I C6 cO m Z LL C Pet it ioners in all t hese writ pet it ionsexcept pet it ionersin CWP No14153 of 2009 were eligiblewhen plot swere allot t ed on flxed price Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 211 CWP N0013024of2009 et c 11 However due t o lesser num ber of plot st heycould not be allot t ed plot s Now m ore plot shave been carved out in t bis New Grain Market Their rightcannot be defeat edby passageof t im e or t he govem m entdecides t o t he plot sby open auct ion wit h t he sole obj ectof earningm ore revenue Adm it t edlyno sale is in t he old grainm arket t he sam e havingbeen de4lot ifled Thus t he exist ingl icensees cannot operat efrom t he old prem isesas has been observedbyt he Honble Suprem eCourt I t has com eon record t hat out of 116 plot scarved out 111Phase I I 53 plot swere sold byopen auct ion on 2662009 Thus 63 plot sare st ill availableThese plot scan be allot t ed t o t he of2009 exceptpet it ionersin CWP No4153 who obt ained licences onlyin t he year 2004 and had not t he requisit eperiodof license Rule 3 11 of t he 2000 Rules furt her providesfor allot m ent of plot swhere som e auct ion has alreadyt aken place on t hebasis ofaveragepriceoft he last auct ion where t he old m arket st ands delot ified This rule provides a valid rat ional and reasonable basis for allot m ent of plot son fixed price Pet it ionersexceptin CWP No4153 2009 were eligibleon t he dat e ofauct ion e 1682005 Theyare ent it led t o be consideredfor allot m ent This pet it ion lS accordinglydisposedof wit h t he following direct ionsl in all t he writ pet it ionsexceptpet it ionersin CWP N014153 of 2009 shall be considered for allot m ent of plot sin New Grain Market on fixed price t o be det ennined in t erm s of Rule 3 619of 2000 Rules by ut ilizing63 plot sin New Grain Market The process of considerat ion shall m CC 0 C CD Z C I c6 m 7 Z Qm C4 be com plet edwI t hin a periodof t hree m ont hs Successful pet lt ioners111 draw of lot s will be allot t ed t he plot swit hin onc m onlh t hereaft er on Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh 212 CWP Noe13024of2009 et ce 6 v1 12 paym entof t he requisit epriceor any such olher m anner as m ay be under Rules oft he CWP Nos13024 14138 15307 15311 and 13141 of 2009 are allowed in t he above m anner whereasCWP No14153 of2009 is dism issed r 6 0 Oo PERMOD KOHLI I eeeeV JUDGE I lell2010 MFK NOTE Whet her t o be referred t o Report eror not YES 1 0 0 I t 5 I 2 0 I a5 3 Z Singh Gagan Preet 2013.02.22 09: 58 True Scanned Copy of t he Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document