HC junks arhtiyas’ petition against e-auction of shops
The Punjab and Haryana High Court today dismissed a petition filed by the Sector 26 Sabzi Mandi Arhtiya Association against the e-auction being held for allotment of shops at the new mandi in Sector 39.
A Division Bench of the High Court, comprising Justice Sureshwar Thakur and Justice Vikas Suri, remarked that the petitioners, by way of the writ petition, were attempting to scuttle the auction, which is scheduled to be conducted on March 28.
The petitioners approached the High Court being aggrieved by the order dated February 17, 2023, issued by the State Agricultural Marketing Board, UT. The Chandigarh Administration, through the State Agricultural Marketing Board, has adopted the Chandigarh Estate Rules, 2007, for the auction of sites planned as SCOs for grain, fruits and vegetables market in Sector 39. According to the notice dated March 3, the administration has scheduled the e-auction of 23 SCOs in the Sector 39 grain market.
The petitioners inter alia contented that the impugned order and the impugned e-auction notice have violated the primary object and reasons of the governing Act, i.e. The Punjab Agricultural Produce Markets Act, 1961, which was enacted to consolidate and amend the law relating to the better regulation of the purchase, sale, storage and processing of agricultural produce and establishment of markets for agricultural produce in Chandigarh. Also, the rules were not in consonance with and in furtherance of the object sought to be achieved by the parent Act.
The petitioners further contended that the Administration has violated their fundamental rights under Article 19(1)(g) by travelling beyond the ambit and scope of the Punjab Agricultural Produce Markets Act, 1961, and the procedure established by law.
In response to the contentions of the petitioners, Senior Standing Counsel for UT Amit Jhanji said the entire process was being carried out in terms of the prevalent rules and law.
After hearing the arguments, the Division Bench dismissed the petition.
