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46. Mr.Hriday Buch, the learned counsel appearing for the writ-applicants made the following submissions :

"In any development, the 'margin land' has to be kept open to sky. At all material times, the relevant regulations of the development of land and construction specifically provide for leaving 'margin' on all sides of a plot. Such margin lands are always to be kept open to the sky. Instead, the APMC has disposed of 2,537 sq.mtrs. of 'margin land' to as many as 43 persons. Out of the sale/lease, the total consideration earned by APMC is just Rs.20,98,788.

3.31B With reference to ground (b) to para 31 of the petition, it is submitted that the margin land kept open was occupied by the plot-holders and stall-

holders, therefore, it was thought it fit to lease out the same with a view to earn revenue out of the land occupied by the plot-holders. It is denied that the Market Committee has committed any breach of any rules or regulations as alleged...."

56. Thus, it is abundantly clear that the margin land was first transferred by way of lease, and thereafter, by way of sale. The C/SCA/13075/2000 JUDGMENT margin land is meant for the purpose of parking. As per the revised N.A. permission granted by the competent authority in the year 1995, the total area of the APMC, Patan, was 1,27,496.31 sq.meters. The construction has been allowed to be undertaken on 39,860.00 sq.meters. Out of the balance area of 87,636,31 sq.meters, the area admeasuring 8,505.70 sq.meters has been designated for 'parking'. The remaining area admeasuring 79,130.61 sq.meters is to be kept reserved for internal roads and margins.

57. I am of the view that the facts of this case are glaring and as clear as a noon day. If not directly, indirectly the private respondents have conceded that the construction has been put up by them on the margin land reserved for the purpose of parking. They have made a fervent appeal before this Court that the construction may be regularized by asking them to deposit the market price of the land prevailing as on date. There is no question of regularizing the construction put up by any individual on the margin land. The margin land is meant for the purpose of parking, etc. The first and the foremost thing this Court disapproves is the manner in which the allotment was made in favour of the private respondents. It is very shocking that the Committee decide to sell land which is a part of the market area. There was no good reason for the Committee to do so knowing-fully well it was illegal. The action of the Committee smacks of only one thing and that is favouritism towards few individuals and personal monetary gain. Initially, the allotment was on the basis of lease, but later, the Committee went to the extent of executing sale-deeds in favour of the different individuals.

C/SCA/13075/2000 JUDGMENT

58. I propose to dispose of this petition with the following directions :

(i) The respondents are directed to immediately demolish the offending structures put up on the margin land and clear the same within a period of two weeks from today. If the respondents fail to pull down or demolish the offending structures put up on the margin land, then the Director, APMC, is directed to take necessary steps and see to it that the construction is demolished and the area of the margin land is cleared.