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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
&
HION'BLE SRI JUSTICE A.RAJASHEKER REDDY
WA Nos.455 & 470 of 2021, CC No.1317 of 2021, WP Nos.22754; 23784;
26192 & 26441 of 2021
COMMON JUDGMENT:: (per Hon'ble Sri Justice A. Rajasheker Reddy, J)
WA Nos.455 & 470 of 2021 arise out of the common order
dated 01-09-2021 passed in WP Nos.18801 & 15196 of 2021
whereby and whereunder the learned single Judge dismissed the
said writ petitions, the former one filed to declare GO Rt.No.397,
Agriculture and Co-operation (MKTG.II) Department, dated 03-08-
2021 which permitted the Director of Agricultural Marketing,
Hyderabad to handover the Fruit Market land at Gaddiannaram to
Health, Medical and Family Welfare (C) Department, for
construction of Super Speciality Hospital and shift the Fruit
Market to Logistic Park at Batasingaram village; and the latter one
assailing the action of the respondents in contemplating to
demolish the structures at the Fruit Market yard, Gaddiannaram, as being illegal and arbitrary and infringement of their right to trade. While dismissing the writ petitions, the learned single Judge, granted one month's time to shift from the existing Fruit Market at Gaddidarrnam to Batsingaram and the Government was also 2 directed to provide assistance to the traders in shifting their business.
02. The writ appeals filed against the said dismissal order came up for hearing on 01-10-2021 and this Court having heard learned counsel for the parties, mainly adverting to the contention canvassed by the learned senior counsel Sri P.Gangaiah Naidu appearing for the appellants that there are meager or no facilities provided at the new place of market at Batasingaram for the traders/agents to shift there to do business, called for in-puts to know the field position of the make shift place and accordingly required the Secretary, District Legal Services Authority, Ranga Reddy District, to inspect with one representative each representing the Agricultural Market Committee and the State Government and to submit a report and; in the meanwhile directed the parties to maintain status-quo obtaining as on the date till 04-10-2021, on which date the matter was directed to be listed for filing report. As directed, report of the Secretary, DLS is received. We also had the convenience to peruse the Reports submitted by the Court Commissioner as also by the Selection Grade Secretary of the Agricultural Market Committee on behalf of the officials respondents.
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03. This Court having formed an opinion that the traders/commission agents should be given time to shift; likewise the Government would also be requiring time to provide the required facilities at the make shift place, posted the matter to 18- 10-2021, while permitting the traders/commission agents to do business from the existing market yard at Gaddiannaram with option to the traders/commission agents and the concerned respondent-authorities to shift and to complete the required works at Batasingaram.
04. Alleging violation of the interim protective orders passed in the writ appeals by the respondent-authorities and that they have not allowed them to continue their business in the existing market yard at Gaddiannaram and locked the premises, the appellants filed contempt case.
05. The other four writ petitions are tagged with the writ appeals as they pertain and arise out of the same subject matter.
06. WP Nos.22754 & 23784 of 2021 are filed by the traders and commission agents also assail the action of the respondent- authorities in trying to high handedly demolish the constructions in the Fruit Market and in announcing the decision to close down the 4 Fruit Market from 25-09-2021 as being illegal and arbitrary and for issuance of appropriate directions in the interest of justice.
07. WP Nos.26192 & 26441 of 2021 are filed by one Mohd Tajuddin who is also President of the Wholesale Fruit Commission Agents Association wherein the circular resolution dated 03-07- 2021 and the consequential ratification of the Agriculture Market Committees, Gaddiannaram to handover the Fruit Market land to the Medical and Health Department and also the GO Ms.No.32, Agriculture and Co-operation (MKT-I) Department, dated 24-09- 2021 notifying Batasingaram as the market area under Section 4 (3) ( c) of the Telangana (Agricultural Produce and Livestock) Markets Act, 1966, is challenged.
08. Heard the learned counsel for the parties. Perused the reports submitted in the matter.
09. The appellants and the writ petitioners are reluctant to shift the Fruit Market at Gaddiannaram to Batasingaram temporarily and eventually to Koheda permanently on various factors like cost effectiveness, distance and on looming apprehension as to the facilities that would be made available at temporary market area at Batasingaram though they are also happy that a Super Speciality Hospital is coming up in that place. The Agricultural Market 5 Committee, Gaddiannaram, unanimously passed resolution in its meeting held on 03-07-2021, in principle, agreed to hand over the possession of the Fruit Market area to the Medical and Health Department for construction of Super Speciality Hospital while welcoming the decision of the Government to take up such a project. The said resolution of the Agricultural Market Committee is also ratified in its General Body meeting held on 23-09-2021. It is on record and also borne out from the counter affidavits filed in writ petitions by the Agricultural Market Committee represented by its Chairman as also the Secretary that the Government, as part of creating better and additional facilities at the makeshift place at Batasingaram has sanctioned an amount of Rs.68 lacs. The Fruit Market at Gaddiannaram is situated in an extent of Ac.22-05 gts has been established in the year 1986. Earlier in the year 2012, it was proposed to shift and for that purpose the then composite State of Andhra Pradesh issued GO Ms.126, dated 16-06-2012 but it could not fructify, but now the Government has once again decided to shift the market from there and construct a Super Speciality Hospital.
10. As per Rule 143 (2) of the Telangana (Agricultural Produce & Livestock) Market Rules, 1969, the Government vested with the 6 power in matters relating to acquisition, purchase and disposal of movable and immovable properties of the Market Committees and in exercise of that power, the State Government has taken a decision to construct a Super Speciality Hospital which cannot be faulted. The legal lacunae pointed out by learned senior counsel that the market area at Batasingaram village is not notified is cured by issuance of GO Ms.No.32, Agriculture and Co-operation (MKT-I) Department, dated 24-09-2021 notifying the said place as such, under the Section 4 of the Telangana (Agricultural Produce and Livestock) Markets Act, 1966. The State Government had already issued GO Ms.No.11, Agriculture and Co-operation (MKT-I) Department, dated 13-02-2020 notifying the area and its limits and establishment of permanent market area at Koheda village, Abudullapurmet mandal, in an extent of Ac.178-09. The extent of area of the temporary market area at Batasingaram and the market area proposed to be established at Koheda village are much more spacious and will cater even to the future needs of the stake holders.
11. Apart from this, the fact cannot be lost sight that the decision to construct a Super Speciality Hospital in the market area place at Gaddiannaram, is a good initiative particularly in this COVID-19 7 period. During the pandemic period, throughout the country, dearth of Super Speciality Hospitals particularly, State run hospitals was felt and we witnessed people died for want of medi- care facilities. The people who fell prey to Covid experienced nightmares and the sufferings of those persons are still not erased from our minds and the threat of the Covid is still looming large on all of us. It is well settled proposition of law that 'public interest' will prevail over 'private interest' on the principle of legal maxim "salus populi est suprema lex" meaning thereby regard for public welfare is the highest law. This principle is based on the implied agreement of every member of society that his own individual welfare shall in cases of necessity yield to that of community. In compelling times, the private interest would stand subordinate to public good.
12. In the report submitted by the DLS Secretary it is stated that the entire market area is divided into 4 pockets i.e. Pocket A, B, C & D. Pocket A area is in extent of Ac.8-00 and it is an open space meant for trading of four varieties of fruits i.e. Watermelon, Muskmelon, Papaya and Mosambi, however the space is to be made ready for trading of fruits. Pocket B consists of structure with 50000 sq.ft. of constructed area and is meant for trading of all 8 kinds of fruits. Pocket C area is in an extent of Ac.1-30 guntas in which tin sheds are being put up and flooring and roofing works are pending and it is also being made ready for trading purpose. Pocket D is situated to an extent of 22500 sq.ft with closed sheds in which the HMDA leased out 5000 sq.ft to M/s.Mahindra Company and the remaining portion of 17500 sq.ft is handed over to Agricultural Market Committee wherein works to establish 21 cold storages for storing the imported fruits is commencing. At all Pockets A,B,C&D drinking water and bio-toilets facilities are made. It is also stated that banks i.e. Axis and ICICI Bank and a Canteen in Logistic Incubation Facility centre are coming up. An extent of 600 sq.ft is also set apart for Primary Health centre in the said centre.
13. In the report of the Court Commissioner it was observed that Pocket A consists of open land area about Ac.8-00 without any structures and trading activity was going on in the open area and it appears the petitioners' association members expressed hardship to do trading business in area which is open to sky. Pocket B consists of 50000 stf structure with entry points for small and big vehicles and open space is also available for undertaking trading activities. Pocket C is also an open land available for trading activities, 9 however, the representatives of the petitioners' association have raised objections as to the sufficiency of facilities presently available. In Pocket D land and adjoining land a partition has been erected between the lands allotted to Mahindra and Mahindra Company and the land allotted to Agricultural Market Committee and land in Pocket D is exclusively available for market activities and space is earmarked for cold storage facilities and intimation granting permission to shift the cold storages to the place at Pocket D at Batasingaram had already been issued.
14. The Report submitted by the Selection Grade Secretary is on the same lines as that of the DLS Secretary and the Court Commissioner. In respect of the Pocket C land having regard to the grievances put forth by the stake holders as to stagnation of the rain water in Pocket C land, to avoid stagnation a trench has been dug making provision for free flow of rain water. Photographs depicting the trench dug for free flow of rain water and the tin shed erected in the open area for trading purpose are filed along the report. The Photographs filed by the Court Commissioner and the DLS Secretary also depicts the same thing.
15. The concerns of the appellants and writ petitions in the writ petitions are assured to be addressed by the respondent- 10 authorities. Learned Special Government Pleader appearing on behalf of learned Additional Advocate General undertakes that all the existing agencies which are now being operated in the market yard at Gaddiannaram will be provided space in the new market at Batasingaram as land has been already earmarked and no inconvenience whatsoever will be caused to any of the stake holders, including the commission Agents. It is also submitted that sufficient arrangement is made for storage of perishable fruits by shifting cold storages and all facilities are made available at the new place at Batasingaram and in fact the facilities at the new place would be better than the facilities at the present market place. He also assured that a medical Doctor would made available for medical exigencies in the primary health centre at the new place of market. It is also stated that the civil works at Pocket C area will be expedited. It is also assured that in Pocket A area, most of the land is open to sky, concomitant with the requirements of the traders, sheds as necessary would be erected.
16. In the circumstances, we have no hesitation in holding that the purpose for which the existing Fruit Market at Gaddiannaram is being shifted is a larger public purpose and serve better purpose than for the purpose it is now used.
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17. This Court in exercise of its jurisdiction under Article 226 of the Constitution cannot go into the minute details of the issue and supervise the developments on day to day basis. This Court is of the opinion that no right muchless any vested right is infringed calling for interference by this Court, except on the ground of equity. Though the notification notify the Batasingaram village as market area and the circular resolution dated 03-07-2021 and consequent ratification by the Agricultural Market Committee are challenged, they being corollary in nature cannot be invalidated.
18. In so far as the contempt case is concerned initially this Court passed order of status-quo by which date the market was closed after elapse of the one month time granted by the learned single Judge and it is only by order 01-10-2021, in modification of the earlier order, permitted the traders and licensees to continue their business only till next date of hearing. The order permitting the agencies to continue to do their business was carried in SLP before the Hon'ble Supreme Court but nothing is stated as to any orders passed therein. Since it is stated that on representations being made by the traders and licensees to the authorities of the Market Committee, were they allowed to continue their business. For an interregnum period of two days i.e. the day on which this Court 12 passed order allowing them to continue their business from the existing place till they were permitted to do business on representations being made along a with a copy of the order of this Court, the authorities seems to have not permitted them on the ground that earlier the writ petition was dismissed, which is not at all a plausible ground. When once this Court passed an order to permit them to do business, the authorities of the Agricultural Market Committee are bound to obey, unless modified are set aside by the superior Court. Disobedience of orders of the Court strikes at the very root of the rule of law on which the judicial system rests. If orders of the Court are disobeyed with impunity by those who owe an obligation to society to preserve the rule of law, not only would individual litigants suffer, but the whole administration of justice would be brought into disrepute. In this case no counter affidavit is filed by the 2nd and 4th respondents in the contempt case in-spite of matter adjourned on couple of times which is nothing short of willful violation of the orders passed by this Court. As such respondents 2 and 4 against whom contemptuous allegation are imposed a fine of Rs.2,000/- and are strictly warned not to repeat such mistakes henceforth. The contempt case is accordingly disposed of.
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19. In the circumstances, we have no hesitation in holding that the purpose for which the existing Fruit Market at Gaddiannaram is being shifted is a larger public purpose and serve better purpose than for the purpose it is now used. Happiness of the people is the ultimate aim of a welfare State and a welfare State would not qualify as one, unless it strives to achieve the same. We hope and trust the State Government would do all that is necessary to alleviate conditions for the benefit and smooth conduct of business by the stake holders at the make shift place at Batasingaram village and eventually at the permanent market place at Koheda village, which is in an extent of Ac.178-09, at the earliest possible time.
20. The writ appeals and the writ petitions stand disposed of by placing the undertaking given by the learned Special Government Pleader appearing for the State Government on record. Since full- fledged facilities are being provided, the members of the Wholesale Fruit Commission Agents Association and other Licensees/petitioners in the writ petitions are allowed time for a period of one month from today during which period they can shift their business to the market area at Batasingaram with option to continue their business in the present market place, in any case 14 not later than one month from today. We hope that the respondent-authorities will cause to escalate the works at the market area and complete the works well in advance within the time now granted including shifting of cold storages, if not already shifted. It is needless to mention that the facilities should include arranging for a primary health centre with Medical Doctor and basic first-aid kits, Drinking water, place for Canteen & Toilets.
21. Before parting with the case, we appreciate and place on record the services of Sri Kowturu Vinay Kumar, learned senior counsel in assisting this Court as Court Commissioner. Miscellaneous applications, if any pending, stand disposed of. There shall no order as to costs.
________________________________ SATISH CHANDRA SHARMA,CJ _____________________________ A.RAJASHEKER REDDY,J DATED: 13 --12--2021 NRG 15 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA & HION'BLE SRI JUSTICE A.RAJASHEKER REDDY Pre-delivered judgment in WA Nos.455 & 470 of 2021, CC No.1317 of 2021, WP Nos.22754; 23784;
26192 & 26441 of 2021 Respectfully submitted for Lordship's kind perusal DATED : -12-2021 NRG 16