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1998 Supreme(SC) 558

K. T. THOMAS, D. P. WADHWA, M. M. PUNCHHI
Labha Ram And Sons: Uggar Sain Hari Kishan Through Shiv Charan Das, Partner – Appellant
Versus
State Of Punjab – Respondent


Judgment

Thomas, J.-Leave granted.

2. Appellants are dealers in food-grains having their business places at two certain localities in Ferozepur District (Punjab). Appellants in one appeal are dealers at Guru Har Sahai and appellants in the other appeals are dealers at Talwandi. According to them, they have been doing business at the old market areas in those localities for over fifty years and the State Government have declared such places as “market area” as per the provisions of Punjab Agricultural Produce Markets Act 1961 (For short `the Markets Act’). Those areas attained much development with many facilities due to increased governmental activities.

3. With the enactment of Punjab New Mandi Township (Development and Regulation) Act, 1960 (for short ‘Mandi Township Act’) powers have been conferred on the State Government to create and declare new Market (Mandi) Townships. As per Section 3 of that Act, the State Government have power to sell, lease or otherwise transfer either by allotment or auction or otherwise, any land or building in the new Mandi Township on such terms and conditions as the Government may deem fit to impose.

4. In the year 1992 Government decided to create a






















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