Bombay HC Fines APMC Rs.25,000 For Misrepresenting Facts Regarding Shifting Bakra Mandi From Residential Area [Read Order]

The Bombay High Court on Wednesday imposed a cost of Rs.25,000 on the Agriculture Produce Market Committee for misrepresenting facts regarding shifting of a Bakra Mandi (goat market) from a residential area in Wathoda to Kalamna market yard.

Division bench of Justice RK Deshpande and Justice Amit Borkar of the Nagpur bench were hearing a PIL filed by aggrieved residents of the Wathoda area who challenged the order passed by the Deputy Municipal Commissioner, Nagpur, establishing the Bakra Mandi at Wathoda on May 4, 2020 allowing establishment of Bakra Mandi at Wathoda.

In the previous hearing, on May 26, APMC supported the cause of the petitioner residents and was anxious to get the order passed by the Deputy Municipal Commissioner establishing the Bakra Mandi at Wathoda, set aside.

Court noted-

"In the absence of any claim for time to establish Bakra Mandi in Kalamna Market Yard, we carried an impression that all the infrastructural facilities for such a market are ready and the market can be made functional immediately."

Thus, the PIL was disposed of by the Court permitting the APMC to establish Bakra Mandi and upon such creation of Bakra Mandi, order dated May 4 passed by the Deputy Municipal Commissioner shall stand recalled.

However, in yesterday's hearing, a complaint was made before the Court that neither the APMC has created the Bakra Mandi nor the NMC has shifted Bakra Mandi from Wathoda to Kalamna.

APMC's counsel submitted that for creation of all the infrastructural facilities in the area of the at least four weeks time is required.

Calling it an excuse, Court said-

"We are unable to understand such a stand in the light of what transpired before us on 26.05.2020 and we were made to carry an impression that the APMC is prepared to establish the Bakra Mandi immediately or at least within a period of eight days and thus we find it to be total mis-representation on the part of the APMC. We therefore, direct the APMC to deposit costs of Rs. 25,000 within a period of one week from today for misrepresenting the Court."

Click Here To Download Order

[Read Order]