R. Banumathi, J. - (1.)Leave granted.
(2.)These appeals arise out of the judgment dated 21.11.2018 passed by the High Court of Bombay in WP No.8959 of 2014 and batch of writ petitions in and by which the High Court held that only the second respondent is eligible for the allotment of large gala and directed the appellant-M/s Hande Wavare & Co. to vacate the large Gala No.F-158 in the Mumbai Agricultural Produce Marketing Committee, Vashi and further directing the Mumbai Agricultural Produce Marketing Committee to hand over the said gala to respondent No.2-Habibullah Farhatullah.
(3.)The dispute pertains to the allotment of large Gala/shop No.F-158 in a lottery conducted by respondent No.5-Mumbai Agricultural Produce Market Committee (APMC) on 25.09.2013. The brief facts giving rise to these appeals are that the Government of Maharashtra decided to shift the wholesale fruit and vegetable market situated in Crawford Market to Vashi, Navi Mumbai in order to reduce the congestion. With a view to facilitate traders dealing in wholesale trading of fruit, APMC has constructed two types of galas/shops viz. small galas admeasuring 300 sq. ft. (200 sq. ft. + 100 sq. ft. loft) and large galas admeasuring 450 sq. ft. (300 sq. ft. + 150 sq. ft. loft) each. On 26.04.1998, the High Court of Bombay appointed Justice S.M. Daud, former Judge of the High Court as the Court Commissioner to suggest the norms to allot the galas/shops in the newly constructed wholesale market at Vashi to the traders so shifted. Learned Commissioner submitted three reports stipulating norms for eligibility for two-time frames which were accepted by the High Court. The first-time frame was 1985-86 to 1994-95 and second time frame was of 1991-92 to 1994-95. For proper appreciation of the contention regarding fulfilment of norms or otherwise, we have referred to the relevant portion of the report of the Commissioner as to the norms for entitlement of gala.