Point of Law: Right to Health is a part and parcel of Right to Life and right to health is a fundamental right guaranteed to every citizen of India under Article 21 of Constitution of India. Article 19 cannot prevail upon Article 21 where right and liberty of citizen is more important than business. It is primary duty of a welfare State under Article 47 of Constitution to provide food, health, education etc.

ORDER :

T.AMARNATH GOUD, J

1. The points involved in both the Writ Petitions are intertwined and hence both the Writ Petitions are disposed of by this common order.

2. W.P.No.15196 of 2021 was filed seeking to declare the action of the respondents in contemplating to demolish the structures at fruit market yard, Gaddiannaram, Hyderabad for the purpose of construction of super-speciality hospital, depriving the members of the petitioner’s association from carrying on their business in fruits as illegal and arbitrary and to further declare that the respondents are estopped from shifting the fruit market yard from Gaddiannaram, Hyderabad until they provide established market with all the basic amenities and infrastructure in any other notified market area.

3. W.P.No.18801 of 2021 was filed seeking to declare the impugned G.O.Rt.No.397 Agriculture and Cooperation (MKTGII) dated 03.8.2021 issued by the first respondent as illegal and arbitrary and contrary to Act 16/1966 and consequently to set aside the said G.O and direct the respondents not to shift the market from Gaddiannaram to any other place without notifying the market.

4. The facts of the case in W.P.No.15196 of 2021, in brief are that the petitioner Nos.1 and 2 are registered associations, registered under the Societies Registration Act and all the members of the two associations are commission agents. Initially, the State Government, in order to avoid congestion at Jambagh area, shifted the fruit market to Gaddiannaram by acquiring about Ac.20.00 of land and established a market in the year 1986. From then onwards all the petitioners have been carrying out fruit business at Gaddiannaram. The present market has been constructed in an approved layout, surrounded by a compound wall. The market is having all the infrastructure and facilities. The State Government issued G.O.Ms.No.11 proposing to shift the Gaddiannaram fruit market to Koheda village, which is yet to be established by acquiring Ac.178-00 of barren land in Sy.No.507 and 548 situated at Koheda village, Ranga Reddy District.

5. When the Government intended to shift the fruit market taking advantage of the Covid-19 lockdown, the petitioners filed Writ Petition No.6637 of 2020 and obtained interim orders. The petitioners also filed Writ Petition No.11634 of 2020 challenging the action of the respondent authorities in shifting the fruit market without providing amenities and this Hon’ble Court closed the said Writ Petition following a memo filed by the respondents stating that they are going to open the market at Gaddiannaram again.

6. The petitioners further assert that it appeared in press that the Government intends to construct super speciality hospital in the market yard place at Gaddiannaram and they wanted to shift the market to Koheda where there are no amenities and facilities as mandated. Hence the Writ Petition.

7. The second respondent - Commissioner & Director of Agricultural Marketing filed counter affidavit stating that the Government of Telangana decided to set up four super speciality hospitals in Hyderabad and one of them is to come up at the fruit market, Gaddiannaram. As such the Agricultural Marketing Committee has been requested to hand over the premises for the purpose. As per the original proposal, Gaddiannaram fruit market will be shifted to Koheda village where Ac.178.09 gts has already been acquired and after providing all the infrastructural facilities therein. The place identified at Koheda will be suitable for fruit trade and also ease the problem of coming to the Gaddiannaram market which is currently located in the heart of the congested city.

8. The Agricultural Marketing Committee (AMC), Gaddiannaram renewed the license up to March 2024 with a condition in the lease deed that in the event of shifting of the market for any reason, required facilities will be provided by the AMC, Gaddiannaram to carry on the business transaction. None of the officials of the market committee and other