DELHI FLOWERS CUTTERS Vs. GNCTD

JUDGEMENT

(1.) The petitioners in W.P.(C) 4278/2011 and W.P.(C) 4279/2011 represent the interest of those selling flowers, leaves and other related items at Baba Kharak Singh Marg, Connaught Place, New Delhi. The petitioners in W.P.(C) 4897/2011 & W.P.(C) 4629/2011 represent the traders engaged in the business of Arhat of flowers at Fatehpuri, Delhi. The petitioners in W.P.(C) No.5005/2011 represent the traders/sellers of flowers and accessories at Mehrauli, New Delhi. Since all the petitions entail similar controversy, they have been taken up for hearing together. Notices of some of the petitions were issued and the other petitions which came up subsequently were tagged for being heard along with the petitions in which notices had been issued. Interim orders were granted on 10 th June, 2011 in W.P.(C) No.4278/2011 and W.P.(C) No.4279/2011 restraining the respondents from taking coercive steps against the petitioners of removal of the petitioners therein. Counter affidavits have been filed by the contesting respondents Govt. of NCT of Delhi, Delhi Agricultural Marketing Board (DAMB) and the Chairperson, Flower Marketing Committee in W.P.(C) No.4278/2011 and the counsel has adopted the said counter affidavit in other petitions also. Rejoinder thereto has been filed.

(2.) The counsels for the petitioners and the counsel for the aforesaid respondents have been heard.

(3.) The Lieutenant Governor of NCT of Delhi vide notification dated 17 th January, 1997 issued in exercise of power under Section 4(1) of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976, then in force, declared the whole National Capital Territory of Delhi as a Market Area of agricultural produce pertaining to Item No.XV (Horticultural) thereof. Vide further notification dated 3 rd June, 1997 issued in exercise of powers under Section 6(2) of the said Act, the Director, Agricultural Marketing, Govt. of NCT of Delhi established the Mehrauli Flower Market (as described therein) as the Principal Market and the Fatehpuri Flower Market (as described therein) as the Subsidiary Market for horticultural products.