G. N. RAY, J. ( 1 ) THESE two Rules have been heard together as similar questions of law and fact are involved in both the matters and both the said Rules are disposed of by this judgment. ( 2 ) THE short facts relating to the writ petitions concerning the two Rules are that the Howrah Wholesale Fish Traders' Association is a registered association under the West Bengal Societies Registration Act, 1961 and the President, Secretary, Joint Secretary, one of the executive members of the said Association and the other members of the said Association are the petitioners in the said two Rules. It is the case of the petitioners that all the members of the said Association are fish traders. Some of the members carry on such trade in fish as a proprietor and some carry on business in fish trading as partners of the partnership firm. The petitioners have contended that they had been carrying on such business of fish at Nos. 10 and 11, I. C. Bose Road, Nos. 15, 30 and 27, Sreemanta Kundu Lane, 74 Hari Mohan Bose Road, 6 Dobson Road (now Maulana Abul Kalam Road) and 27, Merry Bibi Lane within the municipal limits of the corporation of Howrah. The respective place of business of the petitioners had been taken on rent from the owners of the buildings. The petitioners also obtained Fish Dealers' Licence and trade and health licences from the Howrah Municipality (now Howrah Municipal Corporation ). The petitioners have contended that the Howrah Wholesale Fish Market is one of the biggest fish markets in India but as the conditions of stalls at various places mentioned hereinbefore were not suitable, the Calcutta Metropolitan Development Authority (hereinafter referred to as the CMDA) took a plan for construction of fish market so as to provide better accommodation and necessary facilities to all the wholesale fish traders dealing in fish in bulk quantifies in the aforesaid fish market in Howrah The CMDA and Howrah Improvement Trust with a view to provide better accommodation framed a scheme under which the old market was required to be demolished. The concerned authorities decided to rehabilitate the wholesale fish dealers in the new modern market to be constructed with all possible facilities for smooth and effective running of such business. The concerned authorities decided to rehabilitate the wholesale fish dealers in the new modern market to be constructed with all possible facilities for smooth and effective running of such business. The petitioners have also contended that such scheme was framed with the approval of the World Bank and/or financial help of the World Bank. Pursuant to such claim, the Government of West Bengal under the provisions of West Bengal (Requisition and Acquisition) Act of 1948 acquired the old market with the sole object of constructing a fish market for rehousing and rehabilitating the wholesale fish traders who would be displaced or evicted pursuant to the requisition of the old market. The petitioners also contended that the representations were given on behalf of the dealers in fish in the said market at Howrah to the Government of West Bengal and also the CMDA and also to the Howrah Improvement Trust Authorities. A discussion was held with the deputationists representing the wholesale fish dealers with the Deputy Director of Fisheries and it transpires that in a joint meeting held between the CMDA, Howrah Improvement Trust and the Department of Fisheries, the Department of Fisheries had suggested allotment of at least 300 sq. ft. of area for each stall and 30' wide metal road around the fish market to allow the fish loaded hand-carts, lorries and other vehicles to move and the said suggestion of the Department of Fisheries was appreciated by the CMDA and Howrah Improvement Trust. Thereafter various meetings had been held with the representatives of the fish dealers and the authorities of the CMDA, Howrah Improvement Trust and the Government of West Bengal. The members of the Association felt that they were not going to be rehabilitated in the newly constructed fish market in the manner it should have been done. ( 3 ) THE aforesaid writ petitions were therefore moved before this Court, inter alia, praying for appropriate writs and/or directions directing the CMDA and Howrah Improvement Trust to make allotment of fish stalls with a minimum floor space area of 300 sq. ft. in favour of the petitioners and further commanding the respondents to make suitable arrangement for proper drainage system and construction of 20' metal road leading to the fish market. ft. in favour of the petitioners and further commanding the respondents to make suitable arrangement for proper drainage system and construction of 20' metal road leading to the fish market. A prayer for interim injunction was also made for restraining authorities from making allotment or settlement of fish stalls in Howrah Wholesale Fish Market to any other person until the disposal of the Rule. ( 4 ) IN the writ petitions, interim orders were made from time to time. It may be noted in this connection that at the hearing of these Rules, the learned counsel appearing for the CMDA, Howrah Improvement Trust and the State of West Bengal have informed the Court that the fish dealers who had been actually running on such business in the old markets since acquired by the Government and demolished should be accommodated in the newly constructed fish market. It has been however stated by the learned counsel appearing for the respondents that although the respondents are not bound to make such allotment to the dealers in fish in the old market since acquired and demolished because such dealers had received compensation on account of acquisition but for a policy decision of the Government that the existing fish dealers who had been dislodged from the old fish markets should be provided with accommodation within the newly constructed stalls, it has been decided that such dealers in fish should get allotment of stalls in the new market and the respondents would also consider the cases of the other persons eligible to carry on such fish business in the newly constructed market who may also be accommodated in the newly constructed fish market. The learned counsel for the respondents has made it clear that in the newly constructed fish market there are various categories of stalls with different floor areas and it may not be possible to allot the same floor area which the dealers in fish had been occupying in the old market since abolished, but the learned counsel for the respondents have submitted before this Court that Howrah Improvement Trust will try to allot as far as practicable such type of stalls to the fish dealers as may conform to or come nearer to the floor area of the type of stalls held by them in the old market. Even after such submissions were made on behalf of the respondents, the writ petitioners were not satisfied with the proposals and they have submitted before this Court that some of the petitioners, particularly office bearers of the Howrah Wholesale Fish Traders' Association are not being allotted suitable stalls in accordance with the suggestions made by the respondents and they are being offered stalls which are near the Bridge and are not suitable for running the business of fish. Such stalls are dark and unhygienic and are situated in most disadvantageous position in the newly constructed market. ( 5 ) THE learned counsel appearing for the petitioners has contended that the Howrah Improvement Trust is demanding by way of selami or premium for the lease of the stalls, huge sums of money and the lease rent is also exhorbitant. It has been contended that since the very scheme was framed for providing better facilities to the existing fish dealers in the newly constructed fish market with the help of the World Bank, the Howrah Improvement Trust cannot be permitted to charge huge selami money and also the lease rent for the allotment of the said stalls to the petitioners and other fish dealers of the old market. It has also been contended that various representations were made from time to time on certain occasions and the authorities of the CMDA, Howrah Improvement Trust and the Government of West Bengal had assured the fish dealers that they would be rehabilitated in the newly constructed fish market and the said fish market was proposed to be constructed for providing better amenities to the said fish dealers and to improve the conditions of their business. It has been contended at the hearing of these Rules that the respondents are now going behind such solemn assurance and not only they are following discriminatory policy in the matter of allotment of stalls but are also imposing terms and conditions for the lease of the stalls in such a manner that it has become almost an impossibility for the petitioners and other dealers in fish to take allotment of stalls in the said market on payment of selami or premium price and also the high rate of rent proposed to be charged for such stalls. ( 6 ) IT has been submitted by the learned counsel appearing for the respondents that the Howrah Improvement Trust has no intention to discriminate against the members of the Howrah Wholesale Fish Traders' Association or against any other eligible fish dealers to get allotment of the said stalls. It has however been submitted by the learned counsel for the respondents that since all the stalls are not of equal size and as there are different categories of stalls with different floor area, all the eligible candidates cannot be allotted same type of stalls. The learned counsel appearing for the Howrah Improvement Trust has, however, submitted that in making allotment of stalls, care should be taken to make allotment of stalls to the eligible candidates in such a manner that it will be, as far as possible, in conformity with the size of the fish stalls held by dealers in fish in the old markets. It has, however, been submitted that since the number of bigger stalls is quite limited, it may not be possible to allot all the eligible candidates bigger stalls, although they may be entitled to get allotment of a particular type of stall in the newly constructed fish market. It has also been submitted by the learned counsel for the respondents that the location of all the stalls in the newly constructed fish market may not be equally advantageous and some of the stalls may be at the rear side and may also be less airy and lighted but some of the eligible candidates must get allotment of less advantageous stalls and so direction should be given by this Court on the respondents that the petitioners must select their stalls first and then any other allotment should be made. So far as the selami or premium price and the lease rent of the stalls are concerned, the learned counsel for the respondents have submitted that the new fish market has been constructed by incurring a huge cost and the loan received from the World Bank is to be refunded with stipulated interest. So far as the selami or premium price and the lease rent of the stalls are concerned, the learned counsel for the respondents have submitted that the new fish market has been constructed by incurring a huge cost and the loan received from the World Bank is to be refunded with stipulated interest. It has been submitted that although the State Government in its anxiety to take up welfare project for the benefits of the citizens will always be anxious to give relief to the holders of the stalls to the best of their ability, but in the facts and circumstances of the case and on consideration of various problems and factors associated with the economic development of the State, it must be left to the respondents to decide what should be the fair and reasonable lease rent and the selami price to be paid for the said stalls. The learned counsel has submitted that the Court should not pass any direction with regard to the premium price and/or the lease rent to be charged by the respondents for allotment of such stalls. ( 7 ) AFTER considering the respective contentions made by the learned counsel appearing for the parties it appears to me that the State Government in its anxiety to develop a proper fish market acquired the old fish markets which were being run in unsuitable and unhygienic condition and the new fish market has been constructed by the CMDA with the aid of the World Bank. From the facts and circumstances disclosed in the petitions and the affidavits filed by the parties it is quite evident that the respondents framed a policy to rehabilitate the dealers in fish in the old markets in the newly constructed fish market and such policy decision to rehabilitate the dealers in fish who had been evicted from the old markets since acquired and demolished, in the newly constructed fish market has been indicated before this Court by the learned counsel appearing for the respondents. It has been specifically submitted by the learned counsel appearing for the Howrah Improvement Trust that not only the members of the Howrah Wholesale Fish Traders' Association but also other fish dealers who had been evicted from the old markets since acquired and demolished should get allotment of stalls in the newly constructed fish market if such fish dealers can satisfy the authorities of the Howrah Improvement Trust that they had been carrying on business in fish in the old markets since acquired and demolished. In view of such statement of policy decision of rehabilitation of the fish dealers actually carrying on business in the old fish markets by allotting stalls in the newly constructed fish market, it is not necessary to decide as to whether or not the fish dealers evicted from the old markets should get allotment of stall in the newly constructed fish market. It however appears to me that the Court should not fix any amount for the payment of lease rent and also the premium or selami money for the lease of different categories of stalls in the newly constructed fish market. There is no manner of doubt that the Government and other respondents had assured the fish dealers carrying on business in the old fish market that they would be rehabilitated in the newly constructed fish market but simply for such assurance it cannot be held by this Court that no premium or selami price for the lease of the said stalls can be charged by the respondents and the Court cannot also decide the quantum of lease rent to be charged for the new stalls. The learned counsel for the respondents, in my view, are justified in contending that the respondents must have liberty to decide and fix the reasonable lease rent and premium price for the lease of stalls after taking into account various factors including the cost of construction of the newly constructed fish market and also the recurring expenses to be incurred for proper maintenance of such fish market. This Court, however, reasonably expects that the respondents would give their anxious consideration to the economic viability of the fish dealers in the matter of fixation of lease rent for various types of stalls in the newly constructed fish market and premium price for such lease-hold interest. This Court, however, reasonably expects that the respondents would give their anxious consideration to the economic viability of the fish dealers in the matter of fixation of lease rent for various types of stalls in the newly constructed fish market and premium price for such lease-hold interest. It is reasonably expected that the respondents will take into consideration the representations of the Howrah Wholesale Fish Traders' Association and other agencies in the matter of fixation of the rent of the stalls and also the premium price for such leasehold interest. It appears to me that fixation of rent of the stalls and the premium price for such lease-hold interest is a major policy decision of the respondents touching various factors to be taken into consideration and the Court should not embark on such policy decision. It may be noted in this connection that the Supreme Court, in no uncertain term, has warned the law Courts not to embark upon unchartered ocean of public policy. ( 8 ) IT also appears to me that since the fish market has been constructed, the members of the Howrah Wholesale Fish Traders' Association and other allottees should get allotment of the stalls constructed in the said market. It is not necessary for this Court to go into the question as to whether or not the newly constructed fish market has been properly constructed and/or the stalls are suitable for running such business as have been sought to be contended before this Court by the learned counsel for the petitioners. It appears to me that when the fish market has been constructed, the allottees if they intend to get allotment of stalls, must occupy the stalls constructed in the new market and they cannot but put up with inconveniences for defective planning and/or construction of the said market even if any. It however' appears to me that since it is an admitted case of the parties that the respondents had assured the dealers of fish in the old markets since acquired and demolished that they would be rehabilitated in the new market, the Howrah Improvement Trust must allot stalls to the holders of stalls in the old markets who had been evicted from such markets because of the acquisition of the said markets by the Government. It also appears to me that it will be only proper and fair in the facts of the case to give first preference to the holders of stalls of the old markets since acquired and demolished for getting allotment of suitable stalls in the newly constructed fish market. After allotting different types of stalls to such allottees the respondents will be at liberty to allot the remaining stalls to other eligible candidates. It is therefore directed that on the basis of the representations to be made by the petitioners about the area of the stalls held by them in the old market from where they had been evicted and also hearing such representations from other holders of stalls in the old markets, the Howrah Improvement Trust may scrutinise the cases of actual floor area held by such fish dealers in the old markets and thereafter they will give allotment to different types of stalls to such petitioners and other dealers in the old fish market as may come nearer to the size of the stalls held by them in the old markets. If it appears that more persons are entitled to a particular category of stall exceeding the number of stalls in such category, a drawing of lot after giving a prior notice to all eligible candidates will be held by the Howrah Improvement Trust and on the basis of such drawing of lots, allotment of different categories of stalls will be made to the eligible candidates. To ensure a fair and unbiased allotment of stalls of different sizes in the newly constructed market, it is further directed that on the basis of selection of eligible candidates for a particular category of stall a further draw of lot will be made by giving prior notice to such eligible candidates for allotment of particular stall in that category so that no one can contend that allotment of a particular stall has been made with an intention to favour a particular allottee. If on such drawing of lot any of the petitioners and/or the other eligible allottees gets any stall in a less advantageous position in the market, I do not think that such allottee can reasonably raise any dispute in getting such allotment of stall. If on such drawing of lot any of the petitioners and/or the other eligible allottees gets any stall in a less advantageous position in the market, I do not think that such allottee can reasonably raise any dispute in getting such allotment of stall. The candidates though eligible to get allotment of a particular, category of stall on the basis of floor area but not getting such allotment by draw of lots because the number of stalls in such category is less than the number of eligible candidates, will be given first preference for the next category of stalls having bigger floor area over other eligible candidates of that category and selection of particular stall in that category should also be made by drawing of lots amongst the candidates to be offered such stalls. After completing the allotment of different types of stalls to the eligible dealers evicted from the old markets, the case of allotment to any other person should be taken into consideration. Since the question of allotment is pending for a long time, it is directed that the allotment of stalls to eligible candidates including the petitioners should be made as expeditiously as possible. The Howrah Improvement Trust should issue a public notification in the daily newspapers in English, Hindi and Bengali inviting representations from all the intending and eligible allottees to submit the particulars of the stalls held by them in the old markets with corresponding floor area of such stalls. The intending eligible allottees including the petitioners will be entitled to furnish such particulars within three weeks from the date of publication of such notice and on scrutiny of such particulars, the Howrah Improvement Trust will categories the intending allottees for entitlement to different types of stalls constructed in the new fish market and should publish such categorisation made by the Howrah Improvement Trust in the notice board if any of the Howrah Improvement Trust or at a conspicuous place in the office of the Howrah Improvement Trust and should also give public notice in the newspaper that such list of categorisation has been published so that the intending eligible allottees may look into the same and make further representations, if any, against such categorisation within three weeks from the date of notification about the categorisation. Thereafter, the Howrah Improvement Trust should dispose of such further representations, if any, and finalise the categorisation within four weeks. The Howrah Improvement Trust will then fix a date for drawing the lots of the eligible allottees for different categories of stalls by giving a public notice for such drawing of lots and on the basis of such draw of lots in public in the manner indicated hereinbefore should allot particular stalls to the eligible allottees. ( 9 ) THE Rules are accordingly disposed of. There will be no order as to costs. ( 10 ) AFTER the judgment was delivered the learned Advocate for the petitioners prays, that the certified copy should be expeditiously supplied to the parties so that the directions contained in the judgment can be implemented without any difficulty. The office is directed to take steps for supply of certified copies expeditiously if such an application is made. Order accordingly.