B SHANTILAL & COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is a human instinct to resist any change. The resistance is considerably strong when it comes to change of place of residence or business. This petition which is filed in a representative capacity sets up one such resistance on the part of the Iron and Steel merchants who are carrying on business in the City of Bombay. This trade is mainly located in (1) Carnac Bunder, (2) Kharwa Galli, (3) Dharukhana, (4) Kurla and Vidyavihar etc. By the impugned notification the said business of iron and steel is sought to be shifted out of Bombay and located at Kalamboli in New Bombay. By that impugned notification which is dated 22nd September, 1986 Exhibit-A to the petition, the respondent No. 2, the Bombay Metropolitan Region Development Authority made a declaration under section 3(1) of the Bombay Metropolitan Region Specified Commodities Markets (Regulation) Act, 1983 inter alia declaring the whole of Bombay Metropolitan Region as the market area and Kalamboli as the market yard. The said notification was declared to be effective from 1st January, 1987. Since there was a substantial amount of representation on the part of the traders inter alia complaining that the site at Kalamboli had not been made suitable for shifting their trade as it had not been provided with necessary facilities by a further notification dated 29th December, 1986 the existing sites of business were declared to be the sub-market yards upto 1st May, 1987. That Notification was extended from time to time upto 31st March, 1988. The petitioners made representation that the market yard at Kalamboli was still not provided with the necessary facilities to shift the Iron and Steel trade and therefore the notification declaring the existing business sites as a sub-market yards should be further extended. Since this prayer was not favourably responded to, the petitioners were constrained to file the present petition.

(2.) It is the grievance of the petitioners which grievance has been reiterated by Mr. Teleyarkhan the learned Counsel appearing on their behalf that the respondents have not complied with their obligations under section 6 of the Act to provide alternate trade facilities in the Kalamboli Market yards. Hence the insistence on the part of the respondents to shift the Iron and Steel Trade by bringing into force the provisions of section 7 was wholly unjustified. The petitioners, in view of the laudable object behind the Act and the notification to deconjest the city of Bombay are willing to shift their trade to Kalamboli market yard. However the respondents not having complied with their obligations to provide with the necessary suitable alternative facilities at the Kalamboli market yard as required under section 6(1), the respondents were not justified in seeking to implement the provisions of section 7 whereunder the petitioners would be prohibited from carrying out their trade both in their present place of business as also on account of the lack of facilities at the proposed Kalamboli Market Yard. This action of the respondent is unreasonal irrationable and arbitrary and violates the fundamental rights of the petitioners guaranteed, both, under Article 19(1)(g) and 14 of the Constitution of India.

(3.) Before going into the merits of the matter it may be convenient to look at the salient features of the Bombay Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983 under which the impugned action has been sought to be taken. As indicated in the preamble, this has been passed in order to regulate location of market areas and wholesale markets in respect of specified commodities in the Bombay Metropolitan Region and to establish market Committees to manage and control different markets established indifferent market areas for different commodities. The Act provides for the establishment of a Development Authority for the purpose of planning, co-operating and supervising the proper, orderly and rapid development of the areas in the Bombay Metropolitan Region. It seeks to relieve the congestion and consequent traffic, accommodation and other problems which have arisen with the fast growth of population and commercial activities in Gr. Bombay particularly in South Bombay. It was therefore found desirable to shift wholesale markets for certain agricultural and non-agricultural products to other localities.