DIVYA JYOTI JAGRATI SANSTHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a Society registered under the Societies Registration Act, 1860. The petitioner is stated to be a socio-cum-spiritual Society engaged in multi-faceted activities in the interest of millions of its followers all over the world. The petitioner-Society's principal establishment is located at Noormahal Town, District Jalandhar, though its Head Office is stated to be at Pitam Pura, New Delhi.

(2.) In the instant writ petition, the petitioner-Society seeks quashing of the Notification dated 07.12.2016 which has been published by Government of Punjab, Department of Agriculture in purported exercise of its powers conferred under Sec. 7(2) of the Punjab Agricultural Market Produce Act, 1961 (for brevity,'the 1961 Act'), whereby the boundaries mentioned in Schedule have been notified as "Sub-Yard of New Grain Market, Noormahal"., The total area of the land which has been notified as 'Sub-Yard of New Grain Market' measures 18 acres 3 kanals and 2 marlas. The land of the notified 'Sub-Yard of New Grain Market' abuts the premises of the petitioner-Sansthan. A further direction has been sought to direct the State of Punjab and authorities to consider the proposal submitted by the petitioner 'to shift and establish the Grain Market, Noormahal, Jalandhar, at an alternative place being provided by the petitioner'. The petitioner also seeks a restraint order against commencement of the business at the newly notified 'Sub-Yard'.

(3.) We have heard learned counsel for the petitioner at a considerable length and gone through the record.