M. Katju, J. - (1.) THIS writ petition and other similar writ petitions are being disposed of by a common judgment. Writ Petition Nos. 43985 of 1997 and 43987 of 1997 relate to wholesellers of fruits and vegetables in Kanpur city, while Writ Petition No. 27865 of 2000, Writ Petition No. 27730 of 2000 and Writ Petition No. 27711 of 2000 relate to foodgrains wholesalers. Writ Petition No. 27731 of 2000 and Writ Petition No. 27864 of 2000 relate to wholesellers of khandsari.
(2.) THE petitioners in all these writ petitions are wholesellers of various items, e.g., foodgrains, fruits and vegetables, khandsari sugar, etc., in Kanpur city. THE common grievance of all the petitioners in these writ petitions is that they have been asked to shift their business premises from the present place in the heart of Kanpur city, e.g., Kidwai Nagar, Cooperganj, Collectorganj, etc. to a new market yard called the Navin Mandi Sthal at Naubasta (Hamirpur road) which is at the outskirts of Kanpur city. All the petitioners have been informed that if they do not shift from their respective business places to the Navin Mandi Sthal, the Krishi Utpadan Mandi Samiti, Kanpur, which is a statutory body, constituted under the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as an Act), would not renew their licenses. As stated in paragraph 9 of Writ Petition No. 27730 of 2000, the foodgrains traders had been issued notices in the year 1977 to shift their business premises (including shops and godowns) to the Navin Mandi Sthal, Naubasta. Against those notices the dealers filed various writ petitions which were allowed on 21.9.1978 vide Writ Petition No. 4833 of 1978 and connected writ petitions. Copy of the said judgment of this Court is Annexure-4 to the Writ Petition No. 27730 of 2000. In that decision this Court held that there was no statutory provision empowering the State Government to force a person to shift his place of business. However, subsequently by U. P. Act No. 19 of 1979, the Act was amended and Section 7 (2) (b) was introduced which states : "The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification : (b) declare that the whole-sale transactions of all or any of the specified agricultural produce in respect of a market area shall be carried on only at a specified place or places within its principal market yard or sub-market yards." Pursuant to the aforesaid amendment the U. P. Government issued Notification dated 9.3.1981 copy of which is Annexure-5 to Writ Petition No. 27730 of 2000. This notification issued under Section 7 (2) (b) stated that the wholesale trade of certain commodities mentioned in that notification should be conducted at Kanpur at the new mandi site whose location has been specified in the said notification. By subsequent notification dated 5.11.1997, Annexure-6 to Writ Petition No. 27730 of 2000 several fruits and vegetables have also been added to the items mentioned in the notification dated 9.3.1981. These notifications have been challenged in this bunch of petitions.
(3.) THE petitioner No. 1 in Writ Petition No. 43985 of 1997 is an Association of wholesellers of potato and other vegetables, which is registered under the Societies Registration Act. Its members are carrying on the business of purchase and sale of vegetables including potatoes in wholesale under valid licenses issued by the Krishi Utpadan Mandi Samiti, Kanpur. True copy of the Certificate of Registration of petitioner No. 1 and a list of its members are Annexures-1 and 2 to the writ petition. It is alleged in paragraphs 5 of Writ Petition No. 43985 of 1997 that the fruits and vegetables mandi was uprooted and established thrice in as many years at Kanpur. In the year 1976 the Kanpur Development Authority (K.D.A.) vide its resolution dated 25.6.1976 approved a scheme to establish a modern and organized fruits and vegetables market at 'O' Block, Kidwai Nagar, Kanpur and invited the wholesellers of fruits and vegetables situate at dense localities of Badshahi Naka and Cooperganj to purchase plots and shift to the new mandi. By a subsequent resolution dated 15.2.1977 the K.D.A. fixed the land rate at Rs. 100 per sq. yard and decided to allot plots on advance deposit of Rs. 5,750. A total number of 730 big plots and 574 small plots were offered for allotment out of which 442 were allotted by the year 1981 and by 1984 all the plots were allotted and a fully developed and organized fruits and vegetables market started functioning at 'O' Block Kidwai Nagar, Kanpur. A true copy of the resolution of the meeting of the Association and K.D.A. dated 24.4.1996 under the Presidentship of the Vice-Chairman, K.D.A. giving details is annexed as Annexure-4 to the writ petition. In the lease deeds executed by the K.D.A. in favour of the wholesellers it was specifically provided that since the K.D.A. had resolved that the subzi mandi should be shifted from the crowded area of the city on the land set apart for allotment to such dealers at southern city extension Scheme No. 2, Kidwai Nagar, Kanpur, the plots are being allotted to carry on the business of selling potatoes in the allotted open space. The lease thus, confines the petitioners to do business of vegetables only on the allotted land. True copies of some lease deeds are Annexures-5 and 5A to the writ petition. The Mandi Samiti, Kanpur, also joined in maintaining the subzi mandi at Kidwai Nagar, Kanpur and had invested Rs. 204 lacs for maintenance of sewage clearing and internal road in the year 1994. By notification dated 9.3.1981 issued under Section 7 (2) (b) of the Act, the State Government notified the Naubasta market yard for wholesale of 39 specified agricultural produce, excluding fruits and vegetables.;