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SCA/537/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 537 of 2010
=========================================================
JASHUBEN
ANILBHAI GAMIT SECRETARY - Petitioner(s)
Versus
STATE
OF GUJARAT THRO.PRINCIPAL SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
SUBRAMANIAM IYER for
Petitioner(s) : 1,
MR PK JANI, GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
MR MP SHAH for Respondent(s) : 3,
MS
KRUTI M SHAH for Respondent(s) : 3,
MS SEJAL K MANDAVIA for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 27/04/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
Pursuant
to the Court’s order, an affidavit has been filed by the respondents.
Mr.P.Paneervel, Principal Secretary, Revenue Department who is
present has also assisted the Court.
It
appears that with a view to cut-short the lengthy procedure, the
authorities have allocated area of about 200 sq.meters to Agriculture
Produce Market Committee, Songadh for the purpose of settling 39
vegetables vendors. However, we observe that, that was not the
intention of the Court. The Court never wanted settlement of one or
other particular vendors.
From
the record, it will be evident that the local ‘adivadis’ (Scheduled
Tribes people) who are small vendors or growing vegetables, they sale
vegetables by the side of the road. They come daily, sale their
vegetables and go back. They do not have any stall over there. The
Court intended to have some area which should be covered by Market
Committee with a roof to protect them from sun and rain, where the
farmers or the tribes and small vegetables vendors can come and sale
their vegetables without any claim on any area and will go back, on
first come first basis. Every day such vendors can be allotted to
occupy place on the floor marked for them and the Market Committee
may charge nominal fee of Re.1/- to Rs.5/- per day from them.
Mr.Paneervel,
Principal Secretary, Revenue Department submits that he will
reconsider the matter and if necessary, the allotment letters may be
reviewed and may be cancelled to take steps for allotment in
accordance with the observations of the Court.
We
accordingly allow the respondents to do needful as per discussion and
observations made above.
This
order shall not stand in the way of allotment of some other place for
Scheduled Tribes people and other small vendors, with any condition.
Post
the matter on 20th June 2011 (on the top of the list).
Until
further order, the Market Committee will not allot the area allotted
by the State to any individual vendor, as the Court may direct as to
how such area can be divided and may be allotted in favour of the
retail vegetables vendors or distinct vendors.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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