LAXMI NARAIN AND SONS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant holds licence granted under Section 10 of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as 'the Act') and is carrying on business in the market area declared under Section 6 of the Act.

(2.) By a notification, dated 1.9.87, the State of Haryana amended the Schedule to the Act by including 'bura' as an agricultural produce in the Schedule to the Act. The appellant challenged the aforesaid amendment to the Schedule on the ground that the procedure laid down under Sections 5 and 6 of the Act were not followed and, therefore, the impugned amendment to the Schedule is illegal and void. The High Court of Punjab and Haryana, by the impugned judgment, dismissed this petition and that is how the appellants are in appeal before us.

(3.) Learned Counsel reiterated the arguments advanced before the High Court by arguing that amendment to the Schedule without following the procedure as laid down under Sections 5 and 6 of the Act, is illegal and void and the market committee is not entitled to levy any market fee on sale and purchase of bura within market area on the basis of the said amendment to the Schedule. To appreciate the argument of learned Counsel for the appellant, it is necessary to look into the provisions of the Act. Sections 2 (a) , 5, 6 and 38 of the Act reads as under: "section 2 (a) : 'agricultural produce' means all produce, whether processed or not, of agriculture, horticulture, animal husbandry or forest as specified in the Schedule to this Act; Section 5: The State Government may, by notification, declare its intention of exercising control over the purchase, sale, storage and processing of such agricultural produce, and in such area as may be specified in the notification. Such notification shall state that any objections or suggestions which may be received by the State Government within a period of not less than thirty days to be specified in the notification, will be considered. Section 6: Declaration of notified market area. (1) After the expiry of the period specified in the notification under Section 5 and after considering such objections and suggestions as may be received before the expiry of such period, the State Government may, by notification and in any other manner that may be prescribed, declare the area notified under Section 5 or any portion thereof to be a notified market area for the purposes of this Act in respect of the agricultural produce notified under Section 5 or any part thereof. Section 38: Power of State Government to amend the Schedule. The State Government may by notification, add to the Schedule to this Act any other item of agricultural produce or amend or omit any item of such produce specified therein. "