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29. The counsels for the respondents feebly sought to explain that since as on 28th February, 2011, there was already a Principal Market at Mehrauli, the respondents could not declare another Principal Market at Ghazipur since Section 23 does not envisage more than one Principal Market. Even if that be so, nothing prevented the respondent from on 28th February, 2011 notifying Ghazipur as a Subsidiary Market and simultaneously on 6th June, 2011 while denotifying Mehrauli as Principal Market notifying Ghazipur as the Principal Market. The same has admittedly not been done.

30. The question that arises, is whether the respondents could rescind earlier notifications establishing Mehrauli as the Principal Market and Fatehpuri and Connaught Place as subsidiary markets, without establishing alternate Principal and Subsidiary Markets. The answer necessarily has to be ‗No'. As aforesaid, there can be no market area without market. The notification declaring Delhi as market area for flowers continues to remain in force. The notification dated 6th June, 2011 if allowed to stand will result in Delhi being market area for flowers without flower market since as aforesaid, the order/notification dated 28th February, 2011 notifies only a market yard of a non-existent flower market. The existing Principal and Subsidiary Flower Markets thus have to necessarily continue. The Supreme Court in Ramesh Chandra Kachardas Porwal held that a place ought not to be notified as a market unless it is ready for use as a market with all reasonable facilities and conveniences and that a notification may be quashed if nothing has been done beyond publishing the notification.

32. The writ petitions thus succeed on the aforesaid limited points of non-publication in the official gazette and non-establishment of the Principal Market. It is declared that the order/notification dated 28 th February, 2011 is not of establishment of market under Section 23 of the Act. Without alternate market being established, the order dated 6th June, 2011 rescinding the existing notifications cannot be given effect to inasmuch as there can be no market area without the market. Accordingly, it is declared that till the establishment of alternate market, the existing Principal and Subsidiary Markets at Mehrauli, Fatehpuri and Connaught Place respectively to continue. No order as to costs.