VidhiSangh

Supreme Court of India · 03/03/2023

GURJIT SINGH (D) THROUGH LRS versus UNION TERRITORY, CHANDIGARH & ORS.

[2023] 6 S.C.R. 1046 · 2023 INSC 199

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Summary

The owner of a shop in the Chandigarh agricultural produce market, licensed in 2007 after evicting his tenant, claimed the auction platform in front of his shop on a 'one site one shop' basis; the Market Committee allotted that platform to the former tenant, a licensee doing business there since 1970 whose licence was renewed in 2010, and the Punjab and Haryana High Court upheld the allotment, holding that the right to a shop licence and the right to use a platform are distinct. The Supreme Court dismissed the owner's appeals: no rule or regulation entitles a licensee to the platform adjacent to his shop, platforms are fewer than traders, allotments were made under the Secretary's guidelines giving first priority to those occupying sheds before the 2007 collapse, the owner was licensed only after that date, and his representation for another platform was rejected by a reasoned order.

Issues

  1. Whether the holder of a licence and owner of a shop in a regulated market is entitled as of right to allotment of the auction platform in front of or adjacent to his shop, in preference to a senior licensee who occupied the platform before the sheds were rebuilt.

Provisions considered

Held

Result

Appeals dismissed without costs; judgment of the Division Bench of the Punjab and Haryana High Court dated 23.10.2013 in LPA Nos. 2130 and 2131 of 2011 and order dated 17.12.2013 affirmed.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 1046.