2011 (8) TMI 1281 - SC - Indian Laws

Summary

Issues involved: Dispute over relocation of wholesale vegetable and fruit vendors from Machkhowa market to Ganeshguri market in Gauhati, Assam.

Judgment Summary:

Issue 1: Relocation of Wholesale Market
The Supreme Court upheld the decision to relocate wholesale vegetable and fruit vendors from Machkhowa market to the outskirts of Gauhati city to address traffic congestion, health, hygiene, and pollution concerns. The Court emphasized that public interest prevails over private interests, citing legal precedents that support prioritizing public good over individual gains. The right to do business is subject to reasonable restrictions under Article 19(1)(g) of the Constitution, and the reasonableness of the restriction was evaluated based on various factors including public interest, prevailing conditions, and the urgency of addressing the issues at hand.

Issue 2: Judicial Restraint in Policy Matters
The Court highlighted the limited role of courts in matters of policy, stating that interference should only occur when actions are clearly illegal. It emphasized that certain matters are best left to administrative authorities rather than judicial intervention. The judgment stressed the importance of allowing the state flexibility in addressing social issues through legislation and executive action, without unnecessary judicial interference. The Court cited legal principles from U.S. Supreme Court judgments to support the idea that social experiments and policy decisions should be primarily handled by the government.

Issue 3: Relocation Plan
The Court directed the government to construct new wholesale markets outside the city limits within a year and set up a committee to oversee the allotment of market spaces to wholesale traders. The committee, chaired by the Secretary of the Government of Assam, would include representatives from various stakeholders to ensure a fair and transparent process of allotment. All wholesale traders within the city were allowed to apply for space in the new market, with a mandate to complete the entire process within one year.

In conclusion, the appeals were disposed of with the decision to relocate wholesale vendors to the outskirts of Gauhati city, emphasizing the importance of public interest, reasonableness of restrictions, and judicial restraint in policy matters.