Delhi High Court - Orders
Smt. Meena Kumari vs Lt. Governor, Govt. Of Nct Of Delhi & Ors on 2 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~29 to 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11577/2021
SMT. MEENA KUMARI ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
30 WITH
+ W.P.(C) 11578/2021 and CM APPL. 35719/2021
SMT. NAHID ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
31 WITH
+ W.P.(C) 11585/2021
ARMAN & ANR. ..... Petitioners
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF DELHI
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:03.02.2023
16:13:55
& ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
32 WITH
+ W.P.(C) 11586/2021
RAHUL SAINI ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
33 WITH
+ W.P.(C) 11587/2021
AMIR GOHAR @ AKRAM & ANR. ..... Petitioners
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
34 WITH
+ W.P.(C) 11588/2021 and CM APPL. 35747/2021
SANJAY LAUMAS ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:03.02.2023
16:13:55
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mr. Vanshay Kaul, Advocate for Mr.
Sameer Vashisht, ASC, GNCTD.
Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
35 WITH
+ W.P.(C) 12005/2021
MOHD. YUSUF ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
36 WITH
+ W.P.(C) 12031/2021
SMT. CHANDERWATI ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mr. Vanshay Kaul, Advocate for Mr.
Sameer Vashisht, ASC, GNCTD.
(M:9818280821)
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:03.02.2023
16:13:55
Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
37 WITH
+ W.P.(C) 12032/2021
RAJNI ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
38 WITH
+ W.P.(C) 12433/2021 and CM APPL. 39100/2021
MS. SOFIYA ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
39 AND
+ W.P.(C) 14869/2021 and CM APPL. 46937/2021
JAHUR ..... Petitioner
Through: Mr. Anup Kumar Das and Mr. Nairit
Bansal, Advocates.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:03.02.2023
16:13:55
versus
LT. GOVERNOR, GOVT. OF NCT OF
DELHI & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, APMC &
DAMB with Mr. N.K. Singh, Ms.
Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.02.2023
1. This hearing has been done through hybrid mode.
2. The present petitions challenge the impugned order dated 16th October, 2020 whereby the prayers of the Petitioners for allotment of shops in the Fruit and Vegetable Market at Gazipur have been rejected by the Delhi Agricultural Marketing Board ('DAMB').
3. The grievance of the Petitioners is that vide order dated 14th October, 2019 in various writ petitions filed before this Court, a direction was issued to the DAMB to consider two aspects - first, reconstitution of the firm. secondly, the allotment of shops.
4. As per the Respondents, in respect of allotment of shops, two grounds that have been given in the impugned order are that with effect from 2014, the whole of Delhi earlier notified as market area for fruits and vegetables has been denotified except the principal market yard and sub-yard. Secondly
- No 'A' and 'B' category license is required for the individuals carrying their business anywhere in Delhi outside the market yard. Insofar as the allotment of shops is concerned, reliance is placed upon the e-auction policy as per which all persons would have to participate in auction proceedings for Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:03.02.2023 16:13:55 obtaining allotment of a shop. Thus, in effect the DAMB has taken a decision that no shop can be allotted except through the e-auction policy. It is however clear that the aspect of reconstitution of the firm has not been considered at all in the impugned order.
5. Submission of ld. Counsel for the Petitioner is that in terms of the judgment of the Supreme Court dated 24th August 2016 titled "DAMP Delhi Agricultural Marketing Board v. Hakumat Rai", all bonafide license holders of APMC Shahdara F&V market were to be shifted and allotted shops in Gazipur market. This representation was made by the DAMB before the Supreme Court, as recorded in the said judgment. According to the Petitioner, the Respondent cannot be permitted to resile from the same. Ld. counsel for the Respondent, on the other hand, submits that only bonafide license holders, who were running their businesses in the Shahdara Market, would be entitled to allotment of shops in the APMC, Gazipur.
6. On a specific query from the Court to the DAMB, as to the basis for non-allotment of shops, it is submitted by Mrs. Ahlawat, ld. Counsel for the Respondent that she would place on record a chart of all the policies of the DAMB since 2000 so as to appraise the Court and justify the non-allotment of the shops. Let the chart be filed at least one week before the next date of hearing.
7. List on 13th March, 2023 along with connected and similar writ petitions being W.P.(C) 12015/2022.
PRATHIBA M. SINGH, J.
FEBRUARY 2, 2023/dk/RP Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:03.02.2023 16:13:55