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16. In the earlier part of the report on Page 18 the learned Advocate Commissioner has stated that upon inspection of the Qidwai Nagar Mandi he found the same to be a relocated, well organized and planned Mandi with ample space within its premises for movement of vehicles, loading and unloading of goods etc. However, at Page 32 of his report the learned Advocate Commissioner stated, "As I was standing on the main public road in front of the Mandi, I noticed a uniformed guard wielding a lathi asking a truck driver to move away his vehicle. I rushed to the spot ana made enquiries from the guard. First, he refused to answer but, then relented. He identified himself as Radhey Shyam, a security guard with the Mandi. He confessed that he had instructions from the Mandi traders to ensure for two or three days that no truck is parked on the public road. A transporter standing nearby also said that they had been asked for a few days by the Mandi office bearers not to park truck on the road. It is, thus, evident that the Mandi office bearers show managed the parking pattern of trucks during my inspection".At Page 34 of his report the learned Advocate Commissioner stated, ,"In conclusion it is apparent that the public are put to great inconvenience due to the existing Subzi Mandi. They are also exposed to hazards of disease and have to face problem of traffic congestions in the entire area of Qidwai Nagar." Thus, despite his earlier observation in Page 18 of his report, the learned Advocate Commissioner has ultimately accepted that the Qidwai Nagar Mandi is causing problems of traffic congestion, diseases etc. On inspecting the Navin Mandi Sthal, Naubasta, which is almost 6 k.m. from Kidwai Nagar the learned Advocate Commissioner after detailed inspection and consideration has come to the conclusion that the traders of Qidwai Nagar Mandi would decidedly suffer if the Mandi is shifted to Navin Mandi Sthal, Naubasta as the latter does not seem to be very congenial to the traders. Though, the Mandi Sthal is located in a very large area, the shops constructed there seem to be woefully deficient for traders of perishables. The shops may be suitable for wholesale of foodgrains, but they are unsuitable for fresh vegetables, fruits, potatoes etc. Also, while some of the shops at Kidwai Nagar are designed to stock huge quantities of commodities, they cannot be stocked at the Naubasta Shops. The Naubasta Mandi is 10 k.m., from the Transport Nagar, and this would lead to escalation in prices. He has also observed that in Qidwai Nagar Mandi there are in existence about 1300 traders in vegetables and fruits alone while Navin Mandi Sthal has at present only a total of 348 shops as per the statement of the Mandi Samiti officials themselves. The learned Advocate Commissioner has stated that it does not appear to be feasible that such a large number of traders at Qidwai Nagar Mandi can be shifted to the New Mandi site as the same is short of accommodation. However, the learned Advocate Commissioner has also observed that more shops can be constructed at Navin Mandi Sthal because space is available in abundance.

17. In Pages 26 to 31 of his report the learned Advocate Commissioner has referred in detail to his meeting with various people, many of whom handed over representations to him. On 1.5.2002, about 21 Resident of Qidwai Nagar gave him a representation expressing unequivocal support for shifting of the Mandi from Qidwai Nagar. The learned Advocate Commissioner spoke to many Doctors who stated that the Mandi at Qidwai Nagar was causing many problems e.g., road accidents, air pollution etc., which cause Asthama and Allergy, and had created unhygienic conditions in the locality due to dumping of rotten vegetables, which cause many diseases. The principals of some schools also complained that the Qidwai Nagar Mandi was causing problems of traffic jams etc. Many traders also said that the Qidwai Nagar Mandi was causing adverse effects on local trade and business. The local market of retail business of cloth, electrical goods, general merchants etc. was once a flourishing market but due to the increasing traffic flow in the Mandi in question the local market has been deserted by the customers who avoid visiting Qidwai Nagar due to traffic jam. All trade there has flopped. Many citizens said that they could not sleep due to the constant movement of trucks and had to face breathing problems. The truck drivers park their vehicles in the residential area and indulge in nuisance. The learned Advocate Commissioner has also seen filth and garbage lying in the side of the Mandi and rotting vegetables.

18. The Krishi Utpadan Mandi Samiti, Kanpur, has filed an objection to the report of the learned Advocate Commissioner and we have perused the same. In Paragraph 5 of this objection it has been stated that the learned Advocate Commissioner gave information about a week before his visit to the parties as well as to the their Counsels and therefore, the traders at Kanpur were quite conscious that the Commissioner has been appointed and he would be visiting the place on 1.5.2003. Hence, they managed that there may be no rush in the market at the time of his visit. They succeeded in preventing the producers to bring their produce through trucks at the time of inspection and hence both the Mandis gave a deserted look and there was no buying and selling at that time, which was an unusual phenomenon. Hon'ble Mr. Justice N.L. Ganguli (Retd.) who had been appointed Commissioner in connected Writ Petition No. 43987 of 1997 (which relates to foodgrains trade) had visited the market at Kanpur incognite and he had submitted a report that there was lot of congestion creating unhygienic conditions and road blocks and constant truck traffic and he has suggested in his report that the entire wholesale trade in foodgrains and fruits and vegetables be shifted to Navin Mandi Sthal. In Paragraph 6 of the objection of the Mandi Samiti to the report of the Advocate Commissioner it is stated that the foodgrains Mandi at Collectorganj and Cooperganj, Kanpur is 120 years old. It is in a very congested area and it is not possible for trucks to move in the Mandi. The trucks are parked on the main road, and from these goods are brought inside the market. At the time when the learned Advocate, Commissioner visited the spot it was deserted on account of his prior intimation. The vegetables, fruits and grains Mandis of Kanpur are the biggest Mandis in UP., and the entry of trucks in the city in day-time is prohibited. Hence, there is a long queue of trucks in the night and they stand on the road blocking it. Due to that the entire traffic during evening and night hours makes, it an inaccessible place. Upto 11.00 O'clock in the night there is a traffic jam . It takes hours to reach from one point in the city to another. Kanpur itself is a heavily crowded city. The population of Kanpur has gone upto 50 to 60 lakhs and hence, the wholesale trade should go outside the city and only the retail trade should continue in the city. The report of the SSP, CMO and the D.M. etc. filed with the supplementary counter-affidavit of the Mandi Samiti shows that due to the wholesale trade in foodgrains and fruits and vegetables there is immense traffic problems and unhygienic conditions resulting in epidemics. The wholesale trade means trade of not less than 10 quintals in one transaction. If the wholesale trade is taken outside the city then 80% congestion would be removed from the city. Only retail sale causing only 20% problem would be left in the city. In Paragraph 11 of the same it is stated that there is a lot of open space in the new market yard and about 100 trucks can be parked these. There are three types of shops and small godowns constructed there. In Paragraph 13 of the same it is stated that the present markets were constructed 120 years ago and since then production and sale has increased manifold and the Mandis have consequently to be shifted to a suitable place. During rainy season the old Mandis are inaccessible due to lack of drainage, and they are often submerged with water and filth. There has been constant demand from the public that the wholesale trade should be shifted to the outskirts of the city. In Western Countries wholesale trade takes place about 10 to 20 kms. away from the city. In Paragraph 16 of the same it is stated that there are only two main roads connecting Kidwai Nagar, viz., G.T. Road and Kalpi-Lucknow Road. Everyday, there is ilow of 500 trucks on these two roads loaded with potato, onion, fruits and vegetables etc., and the trucks are on the roads for hours together completely blocking the traffic. There is no parking place. There are about 10 educational institutions, which vehemently protested against the running of the wholesale trade in the Kidwai Nagar.

20. From a perusal of the facts as disclosed in the affidavits in all these connected writ petitions as well as from the reports of Hon'ble Mr. Justice N.L. Ganguly (Retd.) as well as Advocate Commissioner Mr. J.J. Munir, it is evident that the present wholesale foodgrains, vegetables, fruits and khandsari mandis in Kanpur City at Kidwai Nagar, Cooperganj, Collectorganj, and Badshahi Naka etc., are causing huge problems of traffic congestion, pollution, spread of diseases etc. Obviously, this is because these wholesale Mandis were established about a century ago and since then the population of Kanpur City has gone up several times. It is not necessary for us to repeat in detail of all the allegations in the counter-affidavit filed in these writ petitions as well as in the reports of the Commissioners appointed by this Court. Suffice it to say that all these clearly prove that the existing wholesale Mandis in Kanpur are causing huge problems for the citizens of Kanpur and therefore, it would be in the public interest if they are moved out to a more appropriate site.