DELHI AGRJCULTURAL MARKETING BOARDversusHAKUMAT RAI

                            [2016] 3 S.C.R. 790


A           DELHI AGRJCULTURAL MARKETING BOARD
                                     v.
                             HAKUMAT RAI
                      (Civil Appeal No. 8267 of2016)
B                           AUGUST 24, 2016
     [V. GOPALA GOWDA AND ADARSH KUMAR GOEL, JJ.]
        Agricultural Produce Market Committee:
         Allot111ent of shop - Respondent-Writ petitioner a commission
c   agent of fruits and vegetables at Phool Mandi, Darya Gan} - The
    Mandi got de-notified in 1998 by Delhi Agricultural Marketing
    Board and Commission agents were asked to shift - Respondent-
    Writ petitioner made several representations for alternative shop
    but was not successfiil - High Court allowed writ petition on ground
    that the petitioner had been waiting for allotment of shop since
D
    1985 - On appeal, held: Gazipur Mandi shops were for the
    allotment of shops to persons who have been displaced from
    Shahadra, in which category the case of the respondent did not
    fall - It was not the ca.1,• of writ petitioner that he had been
    discriminated against or otherwise denied fairness in action -
E   Thus, writ petitioner had no legal right for allotment of a shop at
    Gazipur - Howeve1; since his claim had been under consideration
    since long, he be considered with other eligible applicants, for
    allotment of shop, subject to availability.
         Disposing of the appeal, the Court
F        HELD: As per notification dated 2•d September, 2014, no
    license is required for the writ petitioner to continue at the
    present place of his business. Thus, the respondent-writ
    petitioner is no longer to be displaced from his existing place
    of business. He was duly considered for the available shops in
G   Okhla with the persons displaced from Phool Mandi, Darya Ganj
    who were eligible for an alternative allotment of shops, but he
    could not succeed. Gazipur Mandi shops are for the allotment
    of shops to persons who have been displaced from Shahadra, in
    which category the case of the respondent does not fall. It is

H
                                    790
DELHI AGRICULTURAL MARKETING BOARD v. HAKUMAT                              791
                     RAJ

not the case of the writ petitioner that he has been discriminated         A
against or otherwise denied fairness in action. Thus, the writ
petitioner has no legal right for allotment of a shop at Gazipur.
However, since his claim has been under consideration since long,
he could be considered with other eligible applicants, for
allotment of shop, subject to a surplus shop being available.
                                                                            B
The impugned order is modified to the effect that the case of the
respondent, along with all eligible persons, be considered, subject
to the availability of a shop. [Paras 6, 8 and 9] [794-H; 796-A-E]
     CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8267 of
2016.
                                                                            c
     From the Judgment and Order dated 29.01.2016 of the High Court
of Delhi at New Delhi in LPA No. 535 of2015.
     Mrs. Avnish Ahlawat, Dr. Monika Gusain, Anil Kumar, Advs. for
the Appellant.
     Pallav Sishodia, Sr. Adv., Ms. Vaishalee Mehra, Pawan Kishore          D
Singh, Ms. Madhusmita Bora, Advs. for the Respondent.
     The Judgment of the Court was delivered by
     ADARSH KUMAR GOEL, J. I. leave granted. This appeal
has been preferred against the judgment and order dated 29th January,
                                                                            E
2016 in LPANo.535 of2015 passed by the High Court of Delhi whereby
the Division Bench of the High Court affirmed the order of the Single
Judge directing the appellant herein to allot a shop to. the respondent·
writ petitioner in Gazipur Mandi and also issue of category 'B' license
to him under the provisions of Delhi Agricultural Produce Marketing
(Regulation) Act, 1998.                                                     F
      2. The above order came to be passed on the writ petition filed by
the respondent. The averments in the petition are: The writ petitioner
was a commission agent of fruits and vegetables at Phool Mandi,
Darya Ganj, New Delhi. The appellant- Delhi Agricultural Marketing
Board was a statutory body to regulate the marketing of agricultural        G
produce and had declared certain areas as market areas. In the year
 1998, the said Mandi at Darya Ganj was de-notified and the commission
agents were to be shifted from there. License of the petitioner was
not renewed as the market was shifted to Okhla where a new market
was to be constructed by the Delhi Development Authority (DOA).
                                                                            H
792            SUPREME COURT REPORTS                         [2016] 3 S.C .R.



A     The petitioner was included in the list of eligible persons but was not
      successful in the draw of lots held in 1987. Those who were allotted
      shops at Okhla were shifted from Darya Ganj in the year 1992.
      Thereafter, the petitioner made a representation in the year 1994 for
      some alternative site at Keshopur Mandi, Tilak Nagar, Delhi which was
      closer to his residence as he was nc~ ouccessful in the draw of lots held
B
      in the year 1987. In the year 1 999, the name of the petitioner was
      recommended by the Secretary, APMC but he was not allotted a shop.
      In the year 2002, the petitioner again represented that as no shops
      were available in Okhla, he may be accommodated at new wholesale
      market. In 2003, the Agenda Item No.8 for allotment of shop to the
c     petitioner was approved on 18th December, 2003 but he was not allotted
      a shop. In 2008, the petitioner represented for allotment of shop at
      Gazipur market and again in the year 2011, he sought allotment of
      shop at Keshopur, Okhla, Gazipur or any other market. Earlier, he
      had approached the High Court in Writ Petition (Civil) No.547of1993.
      He was given liberty to file representation. He also relied upon the
D
      order dated 24th January, 2003 in another case in Writ Petition (Civil)
      No.790 of 2000. In substance, the case put forward by the petitioner
      was that he was running his business at Darya Ganj since long and as
      the said market had been de-notified, he was entitled to be allotted an
      alternative shop at Gazipur or any other newly developed market.
 E          3. The writ petition was opposed by the appellant by submitting
      that' B' Category Iicense can be granted on Iy to the persons owning a
      shop in the market area/ yard of the APMC. Alternative shops in Gazipur
      market were being given only to those who were bona fide licensees
      of APMC, Shahdara. Thus, the petitioner was not eligible for allotment
 F    of shop in the said market. The learned Single Judge allowed the writ
      petition on the ground that the petitioner was waiting for allotment of
      shop since the year 1985 and was entitled to be accommodated at
      Gazipur particularly when no other markets were coming up in the
      near future. The observations of the learned Single Judge are :

 G          "6.1 I have asked Mr. Sinha, the learned counsel for the
            respondent as to whether the petitioner's case was
            considered by the Board. Mr. Sinha informs me that the
            petitioner's case was rejected, as the petitioner was not
            found eligible.
 H           6.2 On being queried further, as to when, a decision, to
DELHI AGRICULTURAL MARKETING BOARD v. HAKUMAT                        793
           RAI [ADARSH KUMAR GOEL, J. ]

   reject the petitioner's claim, was taken by the Board. Mr.         A
   Sinha candidly stated that there was no reference to the
   same in the counter affidavit. This apart, the record
   would show that no document has been filed, which
   would demonstrate that the petitioner's case was rejected.
   6.3 On the contrary, there are documents on record which           B
   show that the APMC has approved the case of the
   petitioner, and it is the Board which has not moved further
   in the matter.
   6.4 Undeniably, under the Delhi Agricultural Produce
   Marketing (Regulation) Act, 1998, APMC is an adjunct of            c
   the Board. Therefore, the recommendations of the
   APMC, should carry the necessary weight. The
   petitioner has waited long enough for the relief in the
   matter. The genuineness of the case and/ or the eligibility
   of the petitioner for allotment is not in doubt as is recorded
   in APMC's letter dated 12.8.1999.                                  D

   7. Therefore, given the facts and circumstances obtaining
   in the case, according to me, the petitioner is entitled to
   the reliefs as prayed.
   7.1 Mr. Sinha says that the directions sought for allocation       E
   of a shop are not feasible as, under the policy, shops in
   Gazipur can only be allotted to those persons, who were
   carrying on business at Shahdara. In my view, present
   piquant situation is, a creation, of respondent's own
   making.
                                                                      F
   7.2 Having regard to the fact that the petitioner has
   been waiting patiently for relief since 1985, if not earlier,
   the respondent will have to make necessary
   accommodation for the petitioner. This is especially so,
   since, Mr. Sinha says that there are no other "mandis",
   which are coming up, except one, in Gazipur, in the near           G
   future. To ask the petitioner to wait for any further, will
   be a travesty of justice. Accordingly, necessary directions
   are issued in tenns of the relief sought for by the petitioner.
    7.3 Jn view of the above, the respondent will allot a
    shop to the petitioner in the Gazipur Mandi, and thereafter,      H
794            SUPREME COURT REPORTS                          [2016) 3 S.C.R.



A           also issue a category 'B' License to the petitioner."
           4. The Division Bench of the High Court upheld the above
      direction as follows:
            "11. We may also deal with the submissions of the learned
            counsel for the appellant. Th;; ~ontention is that as the
B           respondent's name did not figure in the draw of lots, he
            became ineligible. It was put to learned counsel for the
            appeHant to show ifthere is any policy that an eligible
            person seeking an alternate place at Okhla Mandi would
            become ineligible in case he did not succeed in the draw
c           of lots. Learned counsel has not been able to show any
            such policy on record. The contention is clearly without
            any merits. Regarding the contention of learned counsel
            for the appellant that the impugned order would cause
            confusion inasmuch as the shops which are being
            constructed at Gazipur are only meant for those who have
D           been working at Shahdra Mandi, the impugned order rightly
            states that this is a piquant situation which is a creation of
            the appellant's own making."
           5. We have heard learned counsel for the parties ..

 E         6. The main contention raised on behalf of the appellant is that
     allotment of shop in a notified market area is not a legal right.
     Accommodation in the notified area depended upon the number of
     shops available. Further, vide notification dated 2nd September, 2014
     it was notified that no license will now be required for the marketing of
     fruits and vegetables in Delhi except in the notified market areas.
 F Thus, the appellant could continue to carry on his business at Phool
     Mandi, Darya Ganj. lfhe was not to be displaced from the place of
   . his business, subject to his having right to occupy the shop from the
     premises where the business was being carried on, the appellant was
     under no obligation to allot an alternative shop to rehabilitate him.
     The case of the writ petitioner was considered from time to time,
 G
     but since the number of claimants was more than the shops available,
     he could not be allotted a shop. The High Court had directed allotment
     of shop to him merely on the ground that he was waiting from a long
     time. Moreover, in view of the notification dated 2nd September,
     2014, no license is required for the writ petitioner to continue at the
 H present place of his business. The said notification is as follows :
DELHI AGRICULTURAL MARKETING BOARD v. HAKUMAT                              795
           RAI [ADARSH KUMAR GOEL, J.]

      "Now, therefore, in exercise of the powers conferred by               A
      sub-section (l)and (4) of Section 4 of the Delhi
      Agricultural Produce Marketing(Regulation) Act, 1998,
      and in supersession of notifications Nos.F.50(3)/77/
      DAM(i) dated 14.01.77, F.6(11)/78-DAM/7371-92dated
      21.11. 78, F.8/4/83-DAM/ MR (i) dated 01: 12.92, F.8(2)/
                                                                            B
      85-DAM/MR/Vol.11/420 dated 29.01.200 I and F.8/4/83-
      DAM/MR (ii) dated 01.12.92, in so far as they relate to
      Fruits and Vegetables mentioned in the schedule to the above
      Act. the Lt. Governor of National Capital Territory of
      Delhi is pleased to declare that regulation of marketing
      of fruits and vegetable mentioned above shall cease                   c
      beyond the markets/ market yard/ sub-yards of
      the respective marketing committees namely APMC
      MNI Azadpur, APMC Keshopul· and APMC
      Shahdara, with immediate effect, and henceforth market
      area of these committees with respect to fruits and
                                                                            D
      vegetables shall have the following boundaries ... "
                                                      (emphasis added)
     7. Learned counsel for the respondent- writ petitioner supported
the impugned order but submitted that there are available surplus
shops at Gazipur market and the petitioner was willing to offer I 0 per     E
cent over and above the highest auction bid. He has filed a copy of
the letter dated 29th June. 2016 in response to an application under the
RTI which is as follows :
      "1. There are a total No. of354 'B' Category license holders
      in Gazipur Mandi. out of which, 309 license holders have              F
      been allotted new shops.Out of the above 21 license holders
      are in waiting list for shops under construction.
      2. As many as 9 blocks are constructed and ready in Gnzipur
      Mandi. lthas288'B'categoryshops.ln 1 block32 shops
      of 'B' Category are raised.                                           G
      3. In block I 0 which is under construction, 21 shops of
      'B' category have already been allotted.
      4. All the shops under construction and also those which
      are already constructed are under the Jurisdiction of the
      Office of the Parishad. The remaining shops are also under            H
796 ..             SUPREME COURT REPORTS                          [2016] 3 S.C.R.



A              the jurisdiction of the Office of Parishad."
               8. On due consideration of the submissions made by learned
         counsel for the parties, it is !ear that the respondent- writ petitioner is
         no longer to be displaced from his existing place of business. He
         was duly considered for the available shops in Okhla with the persons
 B       displaced from Phool Mandi, Darya Ganj who were eligible for an
         alternative atlotment of shops, but he could not succeed. We have
         also noted· the stand of the appellant that Gazipur Mandi shops are
         for the allotment of shops to persons who have been displaced from
         Shahadra, in which category the case of the respondent does not fall.
         It is not the case of the writ petitioner that he has been discriminated
 c       against or otherwise denied fairness in action. Thus, strictly speaking,
         the writ petitioner has no legal right for allotment of a shop at Gazipur.
         However; since his claim has been under consideration since long, he
         coulcfbe considered with other eligible applicants, for allotment of
         shop, subject to a surplus shop being available.
 D            9. In these circumstances, we dispose of this appeal by modifying
         the impugned order to the effect that the case of the respondent, along
         with all eligible persons, be considered, subject to the availability of a
         shop, within six months, in accordance with law.
         Ankit Gyan                                               Appeal di;;posed of.
 E