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The CCP had demolished the old market building occupied by the vendors who had operated as lessees for over 30 years
The Supreme Court has brought an end to the nearly three-month legal tussle between the Corporation of the City of Panaji (CCP) and displaced meat traders following the demolition of the old market building in Goa’s capital.
A bench comprising Justice B.V. Nagarathna and Justice S.C. Sharma, passed the ruling while disposing of the CCP’s special leave petition (SLP) challenging a Bombay High Court order that had directed the CCP to rehabilitate the meat vendors. The Apex Court ruled in favour of the traders’ demand for fixed spots in a temporary fish market but clarified that lease rights must be pursued through separate civil suits in appropriate courts.
The CCP demolished the mid-1980s-era market building, originally constructed under former mayor Francisco (Baschik) Branco due to its dangerous condition. The CCP contested the High Court order, arguing that it exceeded the statutory scope of the Corporation under Section 59 of The City of Panaji Corporation Act, 2002. Section 59(1)(o) mandates the CCP to ensure the construction and maintenance of public markets and slaughterhouses, as well as their regulation.
In response to the High Court's directive, the CCP passed a resolution agreeing to allocate space to six meat vendors alongside the fish vendors’ shed under a sopo-like arrangement, which it presented before the Supreme Court.
The vendors, represented by former Additional Solicitor General (ASG) Atmaram Nadkarni, along with Advocates Rohit Braz D’Sa and S.S. Rebello, sought additional permissions to install fridges, mincers, mincing machines, electricity, and water connections, as well as to enclose and secure their designated area.
The Supreme Court permitted these additional facilities, however, it clarified that they were temporary in nature. The court also declined to intervene in the claims of other lessees of the demolished building, directing them to pursue their lease rights through individual civil suits.
The CCP was represented by Senior Advocate Ranjit Kumar.
Cause Title:The Corporation of the City of Panaji vs. Mushtak Hussain Khatib
Source: UNI
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