Court No. - 4
Case :- WRIT - C No. - 14997 of 2018 Petitioner :- Redis Market Vyavasaik Samiti And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Pranab Kumar Ganguli,Amrendra Pratap Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Vivek Verma
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Learned counsel for the petitioners is permitted to implead the Chairman of the Varanasi Development Authority, Varanasi as respondent no. 4 in the writ petition.
Heard learned counsel for the petitioners, Sri Thakur Azad Singh, learned Assistant Solicitor General of India for the respondent no. 1, learned Standing Counsel for respondent no. 2 and Sri Vivek Verma, learned counsel for the respondent nos. 3 and 4.
This writ petition has been filed by the petitioners with the following prayer :-
1. issue a writ, order or direction in the nature of mandamus commanding the respondents and National Disaster Response Force (NDRF) not to interfere in the peaceful business activity of the petitioners in Dasaswamedh Sabzi Mandi, Varanasi.
2. issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the present case.
3. award costs of the writ petition to the petitioners.
Upon perusing the averments made in the writ petition, it transpires that the petitioners were running a vegetable market in Dasaswamedh Sabzi Mandi on payment of monthly rent to the Nagar Nigam, Varanasi. Subsequently, the plot on which the petitioners had been running their market was transferred to Varanasi Development Authority, Varanasi for the purpose of constructing a commercial complex and an agreement was entered into between the petitioners and respondent no. 3 on 18/22.01.1990 (Annexure No.2) under which the petitioners agreed to vacate the plot in question to enable the respondent no. 3 to construct a business complex on the promise that after the construction of the complex is completed, the petitioners would be allotted shops in the business complex. However, instead of constructing a commercial complex on the plot in question, the respondent no. 3 has handed over its possession to NDRF, hereinafter referred to National Disaster Response Force, who are interfering with the right of the petitioners to carry on their business of selling vegetables over the plot in question.
Per contra Sri Vivek Verma, learned counsel for the respondent nos. 3 and 4 submitted that the petitioners had handed over the possession of the plot in question to respondent no. 3 and started carrying on their business at Rajendra Prasad Ghat as averred by them in paragraphs 9 and 13 of the writ petition. Moreover, the construction of the business complex could not be completed due to objection by the Ganga Pollution Control Board in view of the order passed by this Hon'ble Court in PIL No. 31229 of 2005 restraining the respondent no. 3 from raising any construction on the plot in question which fell within 200 metres of the holy Ganges river. He further submitted that the petitioners have already made a representation before the Chairman of the Varanasi Development Authority, Varanasi ventilating their grievances which have been raised by them in this writ petition on 08.03.2018, copy whereof has been brought on record as Annexure No. 5 to the writ petition and the ends of justice would be met in case respondent no. 4 is directed to decide the petitioners' representation within a specified period of time.
After having heard the learned counsel for the parties present and perused the material brought on record, without expressing any opinion on the merits of the case, we dispose of this writ petition with a direction to the respondent no. 4 to decide the petitioners' representation in accordance with law by speaking and reasoned order as expeditiously as possible preferably within a further period of six weeks from the date of production of certified copy of this order.
Order Date :- 30.4.2018 KS