NDLI: M/s Hande Wavare & Co. Vs. Ramchandra Vitthal Dongre & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Art.14 Maharashtra Agricultural Produce Market allocation of shops shifting of market in negative manner Enforcement of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Maharashtra Agricultural Produce Marketing (regulation) Act, 1963 (20 of 1964)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963– ss.43, 52B – Government of Maharashtra decided to shift the wholesale fruit and vegetable market situated in Crawford Market to Vashi, Navi Mumbai to reduce the congestion – Agricultural Produce Market Committee (APMC- respondent no.5) constructed two types of galas/shops, small galas and big galas – Committee appointed to suggest the norms to allot the galas/shops– Dispute pertains to the allotment of large gala/ shop no.F-158 in lottery conducted by APMC– Appellant selected in the lottery for allotment of the said gala – Decision to conduct lottery challenged by respondent no.1 before respondent no.6 – Allotment by lottery to the appellant set aside – Order of respondent no.6 set aside and the decision of APMC drawing the lottery and allotting the said gala to the appellant was confirmed – Respondent No.2 filed writ petition – Allowed by High Court while directing APMC to allot the said gala in his favour – On appeal, held: As per the norms, no trader who has not paid the booking amount canget large gala or part thereof or more than one small gala – Respondent no.2 himself neither made the application before the cut-off date nor paid the booking amount – Amount paid by father of respondent no.2 was sought to be transferred to respondent no.2 – Transfer of amount by a person who booked the gala to another person is not permissible as per the norms fixed by the Committee – Respondent No.2 cannot claim allotment of Gala No.F-158 dehors the norms fixed by the Committee which were directed to be strictly followed by the High Court – Neither respondent no.1 nor respondent no.2 are eligible to claim allotment of large gala – Appellant having paid the market fee of Rs.9844.10 in the time frame of 1985-86 to 1994-95 which is less by Rs.155.90 to the required norm of Rs.10,000/-, falls under the category of “marginally falls short of the norms” and is entitled to make claim for the large gala – Findings of the High Court that one ‘GS’, who was not considered eligible to participate in the lottery, is not eligible to claim large gala set aside – Directions issued – Constitution of India – Art.14. Constitution of India – Art.14 – Enforcement of, in negative manner – Held: Not permissible – If any illegality or irregularity has been committed in favour of any individual or group of individual or wrong order has been passed by a forum, the same illegality or irregularity cannot be perpetuated on the ground of discrimination or hardship.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 746
Petitioner	M/s Hande Wavare & Co.
Respondent	Ramchandra Vitthal Dongre & Ors.
SCR	[2019] 9 S.C.R. 181
Judgement Date	2019-07-10
Case Number	5350

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M/s Hande Wavare & Co. Vs. Ramchandra Vitthal Dongre & Ors.

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