- (1.) These appeals have been preferred against the judgment dated 11.12.2007 delivered in a batch of writ petitions by the learned Single (Judge). All these appeals involve common questions of facts and law and are being decided by this common order.
(2.) To appreciate the controversy, the background of the case briefly stated is that City of Jaipur was established by Maharaja Sawai Jai Singh in Seventies of the 18th Century with a small population. The length and breadth of the constructed City was four kilometers in square known as Pink City. The eastern side of the City is known as Surajpole. One Kilometer, interior in the city, from Surajpole is a big crossing known as Badi Choupad, flanked by Zohari Bazar on southern side. After one kilometer therefrom is Ramganj Chowk, facing the gate of the Royal Palace. One kilometer away from Ramganj, there is a crossing known as Choti Choupad, flanked by Ajmeri Gate road on southern side. The last of the fourth kms. in known as Chandpole.
(3.) With the passage of time, the population increased and the business of buying and selling of the agricultural produce was being conducted in Zohari Bazar and Ramganj i.e. second and third km. of the City. These came to be known as Zohari Bazar Anaj Mandi and Ramganj Anaj Mandi. With the further tremendous increase of the population, the rural area on the outskirts of the City started urbanizing and it became difficult to run the business in these Anaj Mandis by the traders. The Government to regulate the business of the Agricultural produce enacted an Act known as Rajasthan Agricultural Produce Market Act, 1961 (hereinafter referred to as 'the Act'). Sections 3, 4, and 5 of the Act deals with declaration of market area, principal market yard and sub market yards for sale and purchase of agricultural produce respectively. Section 4 of the Act reads as under: "4. Declaration of market area.-(1) After the expiry of the period specified in the notification issued under Section 3 and after considering such objection and suggestions as may be received before such expiry and after holding such enquiry as may be necessary, the State Government may, by notified in the notification under Section 3 or any portion thereof to be a market area for the purposes of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. (2) The State Government may, at any time by notification in the Official Gazette, exclude from a market area any area or include in any market area other area.";