MOHD FAREED Vs. STATE OF M P

JUDGEMENT

(1.) The following order of the Court was delivered by : Ajit Singh, J. This order shall also dispose of Writ Petition Nos.6322, 6355, 4880, 4890, 10244, 3887 and 612, all of 2010. All these petitions were heard together because they relate to a common issue.

(2.) There is an old fruit and vegetable market known as Nav Bahar Sabji Mandi since last 20/25 years in the city of Bhopal. The Sabji Mandi is, in fact, situated in the heart of city. With the passage of time, the population of the city has increased manifold. This has resulted into huge congestion and lack of space for fruit and vegetable traders in the Sabji Mandi. The State Government therefore, taking note of the difficulties of such traders, by notification dated 9.11.2000 issued under section 3 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (in short, the Adhiniyam ) for the first time established a new market yard for fruit and vegetable traders having 56 acres of land at a place called Karond in Bhopal. On 22.12.2006 the Krishi Upaj Mandi, Bhopal (in short, the Mandi Bhopal ) also for the first time prescribed the rates for different fruits and vegetables. Thereafter, on 27.2.2007 a list of allotment of land and structures, by way of auction, was issued. But the auction, which was scheduled for 6 th , 7 th and 8 th of September 2007, for some reason could not be held.

(3.) In the year 2007 the land and structures of the market committee, constituted under section 11 of the Adhiniyam, were required to be allotted in accordance with the provisions of the Madhya Pradesh Krishi Upaj Mandi (Allotment of Land and Structures of Marketing Committee/Board) Rules, 2007. The State Government however, in exercise of powers conferred by section 79 of the Adhiniyam, by notification dated 25.5.2009 repealed the Rules of 2007 and framed new Madhya Pradesh Krishi Upaj Mandi (Allotment of Land and Structures) Rules, 2009 (in short, the Rules ). Rule 3 of the Rules enumerates the general principles of allotment of land and structures of marketing committee. Its sub-rule (1) states that no land or structure of a market committee shall be allotted except the manner as provided in these rules. According to sub-rule (2) the land or structure shall be allotted only for a purpose which is conducive to marketing of agricultural produce or desirable for the convenience of agriculturists or for a purpose ancillary thereto. Sub-rule (3) states that allotment of land or structures shall be made on 'licence generally for a period of 30 years and not on lease while sub-rule (4) provides that no person shall be allotted more than one plot or structure. According to sub-rule (5) allotment of land or structure for a shop-cum-godown or a godown shall be made only to a person who holds a licence, as the case may be, as a trader/processor or warehouseman under the Adhiniyam. Sub-rule (6) very clearly states that the system of auction or invitation of offers in sealed covers/envelops shall be followed for allotment of land or structure meaning thereby that the allotment of land or structure can be made only by auction or by invitation of offers in sealed covers/envelopes. Sub-rule (7) is in two parts (a) and (b). The first part 7(a) states that in the event of transfer of market yard to a new market yard, traders, who possess licence under the Adhiniyam, who are allottees of land or structure in the old premises and are continuously trading for five years, prior to the date of auction, shall be given preference for allotment of plot or structure in the first auction and in the event of subsequent auction, all licensee traders shall be allowed to participate. The second part 7(b) provides that in the event of establishment of market yard for the first time after notification or establishment of a section of yard for the purpose of marketing of any 4 specified produce, preference will be given for allotment of plot or structure in the auction to such traders who are licensee under the Adhiniyam and who have been engaged in the previous years for trading of that specified produce.