Pratap Kumar Ray, J. - (1.) On remand by the Apex Court by the order dated 28th November, 2007 in Civil Appeal No. (Nil) of 2007 arising out of SLP (C) No. 441 of 2005, this appeal has been placed before us by the administrative order of the Hon 'ble The Chief Justice dated 9th April, 2008, on 22nd April, 2008. We concluded the hearing on 14th May, 2008 and as summer vacation intervened, we could not DELIVER the judgment earlier. The order of the Apex Court remanding the matter back reads such: Heard learned Counsel for the parties. Leave granted. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court allowing the appeal filed by Appellant No. 1, Islampur Municipality and Anr. to the extent indicated in the order. Before the Division Bench challenge was to the order passed by learned Single Judge of the High Court. Respondent No. 1 applied for license for holding that (market) in Plot No. 676 which according to him belongs to him because of proceedings under Sec. 6(1) of the West Bengal Estate Acquisition Act (in short the 'Acquisition Act') in which he was allowed to retain the said land. Since his application for grant of permission to run the market was not favourably considered, he filed a writ petition before the High Court and learned Single Judge allowed that writ application with certain directions. The order of learned Single Judge was challenged in the writ appeal filed before the Division Bench. Elaborate reference was made to the Bihar Land Reforms Act, Bihar and West Bengal Transfer of Territories Act, 1956 (In short the 'Territories Act') and West Bengal Agricultural Produce Marketing Regulation Act 1972 (in short the 'Marketing Act '). According to appellant No. 1 -Municipality, pursuant to the resolution by the Regulated Marketing Committee (hereinafter referred to as the 'Committee') land was proposed to be given to the municipality and the municipality was to take over the possession of the said market. The High Court referred to a notification in 1974 under the Marketing Act declaring the Islampur Bazar on which the committee existed. The High Court found that it was not clear from the notification whether the plot in question i.e. Plot No. 676 was covered by the said notification. Accordingly, the High Court directed several courses to be adopted. In support of the appeal, learned Counsel for the appellants submitted that unfortunately the notification subsequent to the 1974 notification was not brought to the notice of the High Court. In this context, reference is made to the Notification No. 3996 -MW & C/IM -7/89 dated 30th June, 1993. Accordingly to him, the table appended to the notification clearly indicated that for the purpose of market area entire Islampur sub division comprising several police stations was included. It was also specifically indicated that the principal marketing yard covered Mouzas Islampore and Choprajihar. In the table there is also reference to the sub market yard with which we are not concerned. It is contended that had the High Court taken note of this notification, situation would have been different. Learned Counsel for the respondent No. 1 on the other hand submitted that this notification was not a part of the records before the High Court and therefore the High Court had no occasion to take note of this notification. Additionally, it is submitted that even if the notification for the sake of arguments covers the plot in question, that will not stand on the way of grant of license to a private market yard. Learned Counsel for the appellant disputes the later part of the submission made by learned Counsel for respondent No. 1. As it appears from the scheme of the Act, the larger area is the market area within which principal market yard and the sub market yard are situated. The first category i.e. market area is larger in area than the Principal market yard and notified sub market yard. As the High Court did not have the occasion to consider the effect of the notification dated 30th June, 1993, we deem it proper to remit the matter to the High Court to consider the effect of this notification and to adjudicate various connected issues which relate to permissibility of grant of license to a private market yard. According to learned Counsel for respondent No. 1, the Marketing Act is nothing but a statute regulating the functioning of the market area, marketing yard and the sub marketing yard. The High Court shall consider all the connected issues in the proper perspective but first taking note of the notification dated 30th June, 1993 and effect and relevance thereof. The appeal is allowed to the aforesaid extend. Considering the fact that the matter is pending since long, we request the Division bench to dispose of the matter as expeditiously as possible preferably by the end of May, 2008.
(2.) On careful reading of the order of the Apex Court aforesaid, it appears that the Apex Court directed us to consider the notification No. 3966 -MW&C/IM -7/89 dated 30th June, 1993 (by typographical mistake it is noted as notification No. 3996 -MW&C/IM -7/89 in the order of Apex Court) and its effect thereof, in adjudicating the appeal and other connected issue relating to permissibility of grant of licence, a private market yard. Apex Court further has kept the point open to consider all other connected issues, namely, purpose of West Bengal Agricultural Produce Marketing Regulation Act, 1972, hereinafter for brevity referred to as "Marketing Act", in the angle of the submission as made before the Apex Court by the respondent No. 1 that said Marketing Act is a statute regulating the functioning of the market area, marketing yard and the submarketing yard.
(3.) Before considering those aspect and the arguments as advanced by the learned advocates, for effective adjudication the subject matter of the writ application, the order passed in the writ application, the decision of appeal Court, which became the subject matter of Special Leave Petition, wherein order of remand was passed by the Apex Court, in brief are stated below. The writ petitioner prayed for grant of a licence for running/regularizing a private market at Choprajhar Bazar under R.S. Khatian No. 13, R.S. Plot No. 676, Mouza Chopra Bazar, P.S. Islampur, Dist. Uttar Dinajpur before the Islampur Municipality, which stood rejected by the decision dated 19th April, 2000 by the said Municipal Authority on two grounds, which are as follows: (i) That the subject plot is not a vacant one and the same was being used/controlled as a fish and flesh market since 1973 by Islampur Regulated Market Committee constituted Under Sec. 5 of West Bengal Agricultural Produce (Marketing) Regulation Act, 1972 and the Islampur Regulated Market Committee used to collect the tolls from the individual stall holders trading in the said market area situated on the subject plot. (ii) The said market has, however, been made over to the Islampur Municipality on lease hold basis on annual lease rent on the strength of a resolution adopted in the meeting of the Islampur Regulated Market Committee held on 24.12.99 in the office chamber of the Sub -divisional Officer, Islampur & exofficio Chairman, Islampur Regulated Market Committee and the said market area has been taken over by the Islampur Municipality as Municipal Market, vide resolution adopted in the meeting of Board of councilors, Islampur Municipality held on 22.07.99.;