PARDUMAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition M/s Sheo Parshad Rajiv Kumar Modi and 35 others, who are licensees and as Commission Agents carrying on their business of sale and purchase of agricultural produce in their shops in the grain market since 1960, have prayed for quashing advertisement Annexure P-1 whereby auction of plots in the New Mandi Township, at Sirhind has been fixed for 19.3.1991.

(2.) According to the petitioners, they had submitted application Annexure P-2 on 11.3.1991 to the Secretary, Government of Punjab, Agriculture Department to the effect that the Old Mandi is a planned Mandi and plots were allotted to the licensees who are running their business in their premises since long and that in case licensees are not allotted alternative sites in the New Mandi on 'No profit No loss' basis, they shall be compelled to purchase the plots in open auction on higher rates which would contravene the fundamental rights of the licensees. It was further pleaded that in case the auction takes place the petitioners would be compelled to shift their business to the New Mandi even if they failed to buy plots in competition with other non-licensees on much higher rates; that the petitioners cannot be uprooted without providing alternative sites; that in a welfare State while making loans for establishment of New Mandi the State Government should not act with a motive of profit earning and that the petitioners who are licensees should be allotted plots first and the remaining be auctioned. It was also pleaded that the auction of the respondents in rejecting the claim of the petitioners is violative of Articles 14, 19(1)(g) and 31 of the Constitution of India.

(3.) Respondent No. 2 in its written statement raised preliminary objection that the writ petitioner was highly bleated. The process of sale of the plots/spaces in the New Mandi began as far back as in the year 1986 and allottees have taken possession and have either raised or are in the process of raising structures upon them and to disturb the process of formation of New Mandi at this belated stage would cause great harm. It was admitted that the petitioners are licensees carrying on their business in the Old Mandi. However, it was pleaded that the Old Mandi is not a planned Mandi and is grossly inadequate for the needs of the farmers and the public; that the formation of the New Mandi is on the request of the farmers, on modern lines with all amenities and facilities; that the business of the Mandi is being carried out in an area of the Municipality situated in an overcrowded area of the town. It was also pleaded that the petitioners do not have any prior claim to the lots in the New Mandi which are being sold in open auction and that the petitioners as old licensees have no legal or preferential right to get the plots by allotment. Nor there was any legal obligation on the part of the respondents to provide alternative sites to the petitioners. It was next pleaded that the petitioners have no such fundamental right and none of the fundamental rights of the petitioners has been violated and that nobody had interfered with their ownership in the premises in the Old Mandi.