In the High Court of Punjab and Haryana at Chandigarh D ate of Decision: 18 .03.2025 KANIHYA LAL MADHO RAM AND OTHERS ..... PETITIONERS VERSUS U.T. CHANDIGARH THROUGH ITS SECRETARY AND OTHERS ......RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE H.S. GREWAL Present: Mr. Ankur Mittal, Advocate, Mr. Rakesh Aggarwal, Advocate Ms. Kushaldeep Kaur, Advocate Mr. Siddhanth Arora, Advocate Ms. Saanvi Singla, Advocate, Ms. Sharvi Dhadwal, Advocate for the petitioners.

Mr. Amit Jhanji, Sr. Advocate assisted by Mr. Sumeet Jain, Advocate, Mr. Himanshu Arora, Advocate, Mr. Eliza Gupta, Advocate and Mr. Sahil Shehrawat, Advocate for the respondent(s)/U.T.

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SURESHWAR THAKUR , J. (ORAL)

1. The present petitioners are admittedly licensees over the subject sites. The said subject sites are located in Fruit and Vegetable Market at Sector 39, Chandigarh. The present petitioners are licenced, to function as commis- sion agents over the subject sites. The said subject sites are in the nature of permanent sheds, pakka platforms, accessible through pakka roads, so that therebys the agricultural produce of the farmers, thus, can become auctioned.

However the said is only a temporary arrangement.

2. What is bringing pain to the present petitioners, is the publication of an Auction Notice (Annexure P-17), wherebys, the respondents concerned, are launching the exercise of auctioning the shops/SCOs in Fruit and vegetable Market at Sector 39, Chandigarh, wherebys the present petitioners apprehend that their business as arhtias, would become dislocated, wherebys, there would be an ill-impinging viz-a-viz their fundamental rights, to practice and profess their said licensed business as arhtias.

3. On the previous date of hearing, this Court had asked Mr. Amit Jhanji, the learned Senior Counsel appearing for the U.T Chandigarh, to take some instructions in the present matter from the respondents concerned.

4. In pursuance thereto, the learned Senior Counsel representing the U.T. Chandigarh, has placed on record an affidavit sworn by Sh. Rajiv Tewari son of Sh. Swaran Jit Tewari, working as Joint Secretary, State Agricultural Marketing Board, Sector 17, U.T. Chandigarh. The relevant paragraph thereof, which is contended to be mitigating the writ relief(s), is embodied in paragraph No.3, para whereof becomes extracted hereinafter:-

“3. That at the outset and without submitting anything on merits, at this stage, it is stated that the petitioners are carrying on the procurement of wheat and paddy from the shed and road constructed at the first phase i.e. Fruit and Vegetable Market, Sector 39 Chandigarh. As per the approved plan, there are total 92 SCOs in the first phase of Mandi. Out of the total 92 SCO's, at present only 23 SCOs are being auctioned. The funds received from this auction will be utilized for developing the Second Phase i.e. Grain Market, wherein petitioners and similarly situated persons can carry out work of procurement of wheat and paddy. The auction of 23 SCOs at this stage will not hamper the business of the petitioners in any way. It is further submitted that the petitioners will not be asked to vacate the site in question, till an auction platform for Grains is constructed. As regards prayer of the petitioner regarding reserving a preferential right of allotment in favour of the petitioners, before offering plots to the General Public, attention of the Hon'ble Court is invited to the letter bearing no. 15041/3/2009- CHD, dated 05.10.2012 (Annexure R1) issued to different Union Territories by the Ministry of Home Affairs, Government of India, New Delhi, in which it has been stated that: -

"It has come to the notice of this Ministry that the land acquired by UT Administrations is, at times disposed of at a rate below the market value of the land and without holding an auction. It has, there- fore, been decided with the approval of competent authority that land, for any purpose must not be disposed of below the market va