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2012 DIGILAW 2141 (RAJ)

Krishi Upaj Mandi Samiti, Sadulpur v. Abid

2012-10-26

ARUN MISHRA, SANGEET LODHA

body2012
JUDGMENT 1. - There is delay in filing the intra court appeals. For the reasons mentioned in the applications, delay is condoned. Other defects are waived. 2. Heard on the question of admission. 3. The intra court appeals question the legality of the order passed by the Single Bench remitting the matter to the District Level Committee to determine the DLC rate for the area in the Mandi Yard in terms of the instructions issued by the State Government, Department of Agriculture, vide its order dated 31.10.2008. 4. Facts in short are that the Krishi Upaj Mandi Samiti invited applications for allotment of plots for the purpose of doing the business in the grains in the Market Yard, Sadulpur, District Churu. Earlier, the DLC rate was Rs. 4400 per square meter, which was revised on 7.12.2009 to Rs. 5200/- per square meter. 5. Thereafter, the DLC rate for commercial plots came to be revised to Rs. 10,000/- per square meter on the basis of order dated 13.10.2010 determining the rate for Ward No.2, as area of market yard was included in the Ward No.2. The aforesaid rate was applied by the Krishi Upaj Mandi Samiti, which was determined for other commercial areas of Ward No.2. Aggrieved thereby, the writ petitions were preferred before the Single Bench. 6. The Single Bench has directed the District Level Committee to determine the DLC rate for the area in the Mandi Yard in terms of the Circular issued by the State Government on 31.10.2008 in which it has been mentioned that the DLC rate in the market yard cannot be equivalent to the DLC rate of other commercial areas, as in the market area, the business of only grains is carried on, as such, the State Government decided that DLC rate for the market yards is to be determined separately than for other commercial areas. Accordingly, the directions were issued in this regard by the Department of Agriculture to the different Collectors of various districts within the State. It is on the basis of the aforesaid decision that the Single Bench has directed to determine the DLC rates for the area in the Mandi Yard. 7. Mr.Ravi Bhansali, learned counsel appearing on behalf of the Krishi Upaj Mandi Samiti and Mr. Pradhyuman Singh, learned Asstt.Govt.Counsel appearing on behalf of Mr. It is on the basis of the aforesaid decision that the Single Bench has directed to determine the DLC rates for the area in the Mandi Yard. 7. Mr.Ravi Bhansali, learned counsel appearing on behalf of the Krishi Upaj Mandi Samiti and Mr. Pradhyuman Singh, learned Asstt.Govt.Counsel appearing on behalf of Mr. D.S. Rathore, Dy.Govt.Counsel, for the State, have submitted that since in the Policy of 2005, there is already a concession granted with respect to allotment, which is to be made on the basis of 50% or 75% of the prevailing DLC rate, the fixation made by the Krishi Upaj Mandi Samiti at Rs. 10,000/- per square meter for the market yard keeping in view the rate which was prevalent for other areas, was rightly adopted by the Krishi Upaj Mandi Samiti for the purpose of allotment and it is a matter of agreement between the parties in which the Single Bench could not have made interference. 8. Mr. Sunil Beniwal and Mr. V.D. Dadhich, learned counsel appearing on behalf of the respondents, have supported the decision rendered by the Single Bench. 9. After hearing learned counsel for the parties, we find that this fact is not in dispute that the DLC rate was not separately determined by the District Level Committee in terms of the Circular dated 31.10.2008 issued by the State Government, Department of Agriculture, whereby a direction was issued to the different Collectors of various districts within the State to determine the DLC rate separately for the market yard considering the nature of the business of grains carried-on in the market yard. The nature of business in a particular area is one of relevant considerations so as to determine the DLC rate and since in the market yard of Krishi Upaj Mandi Samiti, only the business of grains is carried on; the directions issued by the State Government vide the Circular dated 31.10.2008 are appropriate and binding upon the District Level Committee, which has admittedly not determined separately the rates for market yard. The adoption of the DLC rate determined for commercial area of the Ward No.2 could not be said to be appropriate DLC rate for market yard. 10. The submission that there is concession granted while making allotment, it is made on 50% or 75% of DLC rates, is not acceptable as determination of DLC rates cannot be clubbed with policy of allotment. 10. The submission that there is concession granted while making allotment, it is made on 50% or 75% of DLC rates, is not acceptable as determination of DLC rates cannot be clubbed with policy of allotment. It is open to Krishi Upaj Mandi Samitis to have their own policy of allotment but question of determination of DLC rates is independent of it. It was incumbent upon the District Level Committee to have separately determined the DLC rate for the market yard, particularly when there is a Circular issued by the State Government, whereby instructions were issued how to determine the DLC rate for the shops in the Mandi Yard. It was binding on the respondents to take into consideration the directives issued by the State Government vide said Circular. As such, the direction issued by the Single Bench to determine DLC rates for the plots in the Mandi Yard is found to be appropriate. We find no ground to interfere in the just decision rendered by the Single Bench. 11. Similar view has also been taken by this court as to direction issued by State Government on 31.10.2008 while deciding D.B.Civil Special Appeal No.134/2012 "Krishi Upaj Mandi Samiti (Anaj) Bikaner v. M/s Surajmal Satya Narayan" along with other connected matters on 20.4.2012. 12. Resultantly, the intra Court appeals are dismissed. The stay petitions are also dismissed.Appeal Dismissed. *******