JUDGMENT Sanjay Karol, C. J. - By way of the present writ petition, so filed in public interest, the petitioner, a practicing Advocate of this Court and otherwise resident of Karsog, District Mandi, the place with which we are concerned, has, inter alia, prayed for the following reliefs: "(i) Issue a writ of prohibition to the respondent authorities directing them not to construct a Subzi Mandi at Chindi. And further prohibit the respondent authorities from acquiring land for constructing a Subzi Mandi at Chindi. (ii) Issue a writ of mandamus directing to the respondent authorities to fully utilize the existing Subsi Mandi at Karsog. " 2. The grievance made out by the petitioner stands best appreciated by us in our interim order dated 1. 9. 2017, which we reproduce as under: "CMP No. 7263 of 2017 Notice. Response by the appearing parties be positively filed within a period of two weeks. Rejoinder, if any, within a period of one week thereafter. CWP No. 1200 of 2017 The Secretary, Agricultural Produce Market Committee, Mandi, District Mandi, H. P. , is impleaded as party respondent No. 6. Mr. Sanjay Ranta, learned counsel, has also entered appearance on behalf of newly added respondent. Registry is directed to carry out necessary corrections in the Memo of parties. 2. We appoint Mr, Ashok Sharma, Sr. Advocate, as Amicus Curiae to assist this Court. Paper book stands supplied to the learned Amicus Curiae. 3. In the present petition, petitioner highlights arbitrary and illegal action of the State in establishing a Subzi Mandi at Chindi. Allegedly such action is without application of mind and deliberation. 4. From the response, so filed by the Himachal Pradesh State Agricultural Marketing Board, it is apparent that by virtue of provisions of the Himachal Pradesh Agricultural & Horticulture Produce Marketing (Development and Regulation) Act, 2005 (hereinafter referred to as the Act), Agricultural Produce Market Committee, Mandi, has established a temporary Subzi Mandi, at Chindi (Karsog). This was pursuant to resolution No. 20, passed in a meeting held on 10. 04. 2015 and subsequent notification issued in the month of July, 2015. This Mandi is temporary in nature. In fact, it is a temporary market sub-yard (Mandi). 5. It also stands revealed that by incurring an expenditure of Rs. 76. 40 lacs, a proper Subzi Mandi was established at Karsog. 04. 2015 and subsequent notification issued in the month of July, 2015. This Mandi is temporary in nature. In fact, it is a temporary market sub-yard (Mandi). 5. It also stands revealed that by incurring an expenditure of Rs. 76. 40 lacs, a proper Subzi Mandi was established at Karsog. However, since it being in close proximity to the Court/Administrative Complex and opening of this Mandi would have resulted into congestion in the area, as such, a decision was taken to ensure free and unobstructed access to the Mandi by constructing an alternative link road from Bhandarnu side. Also decision was taken to raise the boundary wall so as to ensure that no obstruction is caused in the smooth functioning of the Court/Judicial Complex. This was so done pursuant to directions issued by this Court in CWPIL No. 6 of 2012, titled as Court on its own motion vs. HP Marketing Board & others. It stands explained that till date, proposal has not yet been implemented. 6. In the response, it also stands explained that a decision was taken to set up a Subzi Mandi at Chindi and as such, pursuant to joint inspection, so carried out by the stakeholders i. e. Sub Divisional Officer (C), Divisional Forest Officer, Karsog, District Mandi and Secretary, Agriculture Produce Market Committee, Mandi, District Mandi, H. P. , site of 4-16-0 bighas was identified at Chindi, where a temporary market was established w. e. f. 08. 07. 2015. 7. One thing is clear that at Karsog, already there is a Mandi, which stands established and at Chindi no structure of whatsoever nature stands erected, save and except that makeshift arrangement is in operation and the Mandi is being operated, so to say, from tents. 8. Significantly out of 4-16-0 bighas, where Mandi is to be established, 1-6-16 bigha of land at Chindi is classified as demarcated & protected forest land. No doubt, clearance from the Ministry of Environment, Forest & Climate Change, Regional Office, Dehradun, stands received. But then there is nothing on record to establish that any officer from Chandigarh/Delhi, office of the Ministry of Environment ever visited the spot for ascertaining the factual position. For had it been so, perhaps decision would have been to the contrary. 9. Prima facie this Court is of the considered view that decision to establish the Mandi at Chindi is absolutely illogical, irrational and arbitrary. For had it been so, perhaps decision would have been to the contrary. 9. Prima facie this Court is of the considered view that decision to establish the Mandi at Chindi is absolutely illogical, irrational and arbitrary. The trees to be felled for construction of the Mandi are mostly of Deodar & Kail species. Out of 127 trees, for which sanction stands accorded, maximum volume is of Deodar species, which is slow growing and a fast diminishing. Report of the Divisional Forest Officer, Karsog, with respect to the number of trees and the volume is reproduced as under:- "Cost of Trees Sr. No. Name of No of trees Volume Rate Amount 1. Deodar 41 46,172 55904 2581199 Sappling 15 0. 84 55904 46959 2. Kail 8 1. 68 40126 67412 Sappling 4 0. 32 40126 12840 3. Chil 48 3. 96 21117 83623 Sappling 11 0. 55 21117 11614 Total 127 53. 522 2803649 Vat 13. 75% 385502 G. Total 3189151" 10. The Committee of local officers who inspected the site and made recommendation, in its joint inspection report (Page-38), does not state: (a) that it had accounted for the sentiments of the people of the Tehsil; (b) it had considered setting up of a Mandi at Chindi from the point of convenience of all the growers of the Tehsil; (c) any other place more suitable and convenient was not available; (d) whether this place was ideally best suited, considering the fact that there is a historical temple; a famous and huge hotel established by the Public Sector undertaking (HPTDC); and a Government school in close proximity. Even the iconic Chindi Government Rest House is in close proximity. 11. Learned Amicus Curiae, points out that the school, temple, hotel and the Rest House are all situate on the very same road, in close proximity of less than 200 meters. 12. Prima facie, it appears that with the establishment of the Mandi at Chindi, whole area has been facing immense traffic problem. Mandi sought to be established is on the State Highway. 13. In Particular, it would cause nuisance to the general public, more so, children, tourists and the devotees. 14. Why no budgetary provision has been made for making the Mandi at Karsog operational, remains unexplained. One cannot forget that for the last two years, no action was taken for establishing the Mandi at Chindi, on permanent basis. 13. In Particular, it would cause nuisance to the general public, more so, children, tourists and the devotees. 14. Why no budgetary provision has been made for making the Mandi at Karsog operational, remains unexplained. One cannot forget that for the last two years, no action was taken for establishing the Mandi at Chindi, on permanent basis. Forest clearance came to be received only in May, 2017. Why nothing was done to have the market established at Karsog and why action was not taken to make the said market operational, has not been explained. 15. Judicial notice can be taken of the fact that Karsog is a Tehsil with its headquarters at Karsog. Geographically it is in the heart of the entire Tehsil. It has colleges & Government offices. In all, major educational institutions, hospitals and administrative authorities are also at Karsog. Karsog is in fact convenient from every angle and Chindi is at a distance of 18 kms from Karsog. 16. Be that as it may, if the Government wants to establish another Mandi, then as is pointed out by the learned Amicus Curiae, a full fledged Mandi can be set up at a place known as Chaar-kufri, which is at a short distance away from Chindi, where not only land in abundance is available, but even if trees are required to be felled, they are not of the species of Deodar and Kail, but of Chil, which is a fast growing species having far less commercial value than other trees. 17. Under these circumstances, we issue following directions:- (i) No trees shall be felled, pursuant to the sanction accorded by the Ministry of Environment, Forest & Climate Change, Regional Office, Dehradun, under the provisions of the Forest Conservation Act, 1980, as communicated by the Divisional Forest Officer, Karsog Forest Division, to the Secretary, Agricultural Produce Market Committee, Mandi, vide communication dated 27. 06. 06. 2017; (ii) A Committee comprising of the Secretary, Agricultural Produce Market Committee, Mandi, Sub Divisional Magistrate & Divisional Forest Officer, shall ensure that no structure of whatsoever nature is allowed to be raised over land comprising in Khata/Khatauni No. 37/64 min, Khasra No. 321/1, area admeasuring 4-16-0 bigha, in Muhal DPF Bakhras/385, & Khata/Khatauni No. 1/1 min, Khasra o. 7/2/, 7/4/Kita 2, area admeasuring 3- 19-10 bigha for gair mumkin Subzi Mandi and area admeasuring 1-4-16 bigha for gair mumkin road in Muhal DPF Chindi/482, Tehsil Karsog, District Mandi, H. P. ; (iii) Also with effect from the next financial year, no Mandi shall be allowed to operate at Chindi. Some alternate arrangement must be carried out by the respondents. (iv) A Committee comprising of the Secretary, Agricultural Produce Market Committee, Mandi Sub Divisional Magistrate & Divisional Forest Officer, shall forthwith have the site at ChaarKufri or any other convenient place found suitable and fit for establishing the Mandi, around Chindi inspected and submit its report within a period of three weeks. (v) Needless to add, Committee shall consider convenience of all the stakeholders, and inter alia, parameters have to be: (a) free access and egress; (b) possibility of future expansion; (c) unobstructed and free flow of traffic on the State Highway/main roads; and (d) convenience of growers etc. 18. Despite opportunities afforded, response has not been filed by the State. Needful be positively done within a period of three weeks. List on 22. 09. 2017. " 3. The Managing Director of the Agriculture Produce Marketing Committee, Shimla (respondent No. 5) has filed his affidavit, admitting (a) temporary market having been started at Chindi, w. e. f. 8. 7. 2015, (b) there being a proper Sub Market yard at Karsog. 4. It appears that the Board wants to set up the Market at Chindi, but then such decision, in our considered view, is not based on objective assessment of the attending facts and circumstances. The decision, as we have already observed, is based more on account of political considerations and factors, rather than public interest. If there is already a Subzi Mandi at Karsog and huge money stands spent in developing the same, then where is the question of construction of another Subzi Mandi at Chindi and that too without completing the earlier Mandi at Karsog. 5. If there is already a Subzi Mandi at Karsog and huge money stands spent in developing the same, then where is the question of construction of another Subzi Mandi at Chindi and that too without completing the earlier Mandi at Karsog. 5. Be that as it may, how many Subzi Mandis should be established is for the Marketing Board to consider and decide, but then it has to be based on the criteria which is objective and promotes public interest and not the other way around. 6. The Subzi Mandi at Karsog is best located and must be completed at the earliest. 7. The Board is under a statutory obligation, under Section 39 of the Himachal Pradesh Agriculture & Horticulture Produce Marketing (Development and Regulation) Act, 2005 (hereinafter referred to as the Act) to ensure that a proper market yard/sub-market is established within the market area. Whether whole of territory of Karsog Tehsil of Mandi District can be declared to be a market area is an issue which we leave it open to be considered and decided in an appropriate proceeding. But then, power to be exercised, moreso under sub-section (3) of Section 39 of the Act, including Section 19 thereof, has to be based on cogent material and objective assessment. 8. Learned Advocate General points out that pursuant to the directions issued by this Court, the Committee has now submitted its report and the matter can be put to rest, with the Government taking an appropriate decision of not setting up the Subzi Mandi at Chindi, but at a third place. This would be in addition to the Subzi Mandi already in existence at Karsog. 9. Our attention is invited to the report of the Committee, comprising of Sub Divisional Magistrate, Karsog; Divisional Forest Officer, Karsog; and Secretary, Agriculture Produce Market Committee, Mandi, District Mandi, Himachal Pradesh. Relevant portion whereof is reproduced as under: "2. That in compliance with the directions of this Hon''ble court, the committee comprising of Secretary, Agriculture Produce Market Committee Mandi, Sub-Divisional Magistrate and Divisional Forest Officer Karsog visited/inspected the site/location at Chaar Kufri and around Chindi area for establishment of permanent/full fledged Subzi Mandi on 14. 09. 2017. 3. Relevant portion whereof is reproduced as under: "2. That in compliance with the directions of this Hon''ble court, the committee comprising of Secretary, Agriculture Produce Market Committee Mandi, Sub-Divisional Magistrate and Divisional Forest Officer Karsog visited/inspected the site/location at Chaar Kufri and around Chindi area for establishment of permanent/full fledged Subzi Mandi on 14. 09. 2017. 3. That the land (at Chaar Kufri) comprised in Khasra No. 19/2 measuring 10-04-06 bighas situated at Muhal DPF Kufri Pangna, Tehsil Karsog has been identified for the construction of Mandi is found suitable and fit, but the same place is known as Chaar Kufri Mela (fair) ground and there is celebration of a traditional fair (Mela) of Maa Bhagwati Chindi and other local Devtas every year in the month of July and the people of surrounding areas are opposing any permanent construction activities on this land. Further, the same place is already selected for eco-tourism where tents will be established as a camping site for the convenience of tourists. 4. That another land comprised in Khasra No. 1/1 area measuring 10-01-06 bighas situated at Muhal DPF Kufri Pangna, Tehsil Karsog and land comprised in Khasra No. 19/1 area measuring 10-01-12 bighas situated in same Muhal has also been indentified for the establishment of Subzi Mandi at Chindi but it falls in between the Hotel Mamleshwar and Rest House Chindi which cannot be recommended for establishment of Subzi Mandi because of the school, temple, hotel and Rest house are situated in close proximity of less than 200 meters and it will cause nuisance to the general public, children, tourists and devotees. 5. That further the committee visited another site at Parga Gali which is about 10-11 Km. away from Chikndi towards Shimla. The land comprised in Khasra No. 1/1 area measuring 10-08-00 bighas situated in Muhal Shil Badyar/106, Tehsil Karsog District Mandi, H. P. is identified and found suitable and fit for the construction/establishment of Subzi Mandi. This site is in open space and is having lesser number of trees of chil species (Maximum). The above place is very convenient to the stakeholders and full fills the parameters as defined by this Hon''ble court. Also there is scope for future expansion of Subzi Mandi. " 10. Evidently, the Committee is of the view that the most convenient place is at "Parga Gali". The above place is very convenient to the stakeholders and full fills the parameters as defined by this Hon''ble court. Also there is scope for future expansion of Subzi Mandi. " 10. Evidently, the Committee is of the view that the most convenient place is at "Parga Gali". Well, it is not for this Court to dwell upon the same, save and except, as stands rightly pointed out by the learned Advocate General, that the most convenient place, in fact is "Chaar Kufri". The advantage of Chaar Kufri is such that it caters to all the areas producing horticulture/agriculture produce. Also, otherwise there is land in abundance, which is available and can be utilized for construction of a Subzi Mandi at Chaar Kufri. Interest of the local deity can also be protected with the place earmarked for such purpose. Not only that Chaar Kufri is a focal point and traffic from Shimla, Mandi and Rampur converges at this place. There is also scope for future expansion of not only roads but other infrastructural facilities. 11. It is in this backdrop, we dispose of the present petition, in the following terms: (a) The respondent-Board shall not set up any Mandi at Chindi, at the place where it was run on temporary basis. This is the most unsuitable place, for not only it would result in environment degradation, but otherwise also disturb the ambiance of the area, causing disturbances to the tourists, pilgrims and the school children. Further, it would lead to congestion of the road and obstruction of free flow of traffic. (b) Subzi Mandi at a place alternate to Chindi be established, preferably at Chaar Kufri/Parga Gali, for which the Government shall take a decision at the earliest. (c) Process of identification of the land and commencement of work shall positively be completed within this financial year. (d) In any event, Subzi Mandi, temporary in nature, at Chindi, shall not be allowed to function any further. (e) The Subzi Mandi at Karsog be completed at the earliest. (f) Affidavit of compliance be filed within a period of three months. 12. Pending application(s), if any, also stand disposed of. Only for the purpose of filing compliance affidavit, the matter be listed before the Additional Registrar (Judicial) of this Court, on 27. 4. 2018.