After the advertisement so made, respondents No.1 and 2 filed suit for perpetual injunction in a representative capacity under Order I, Rule 8, CPC restraining the Market Committee from making allotment of the shop and ad interim injunction under Order XXXIX, Rule, CPC was sought for and was granted by the trial Court.
As a facet thereof, advertisement has been published inviting offers from the interested persons for allotment of shops in new market yard vide numberification dated November 23, 1991.
Under the Act, the Market Committee is under the statutory obligation to declare the numberified market area for the purpose of regulating the purchase and sale of numberified agricultural produce within the numberified market and to establish it.
The existing shop holder were informed that if they were interested to surrender the shops in the existing market area, they would be granted shop in the new market yard.
This appeal, by special leave, arises from the judgment of the High Court of Gujarat at Ahmedabad, made on January 15, 1997 in Civil Application No.9563/96.
The Market Committee was companystituted under the provisions of the Gujarat Agricultural Produced Markets Act, 1963 for short, the Act .
On appeal, it was companyfirmed by High Court with a further rider with which we deal at a later stage.
In lieu thereof, they are required to pay the value of the shop equal to 7 year capitalised rent.
For A type shops they have tentatively fixed the price at Rs.
We have heard the learned companynsel for both sides.
They are designated as shop for shop category.
2.55 Lakhs and for B type shops Rs.2.33 lakhs been fixed.
Leave granted.
For others it is designated as A type shops and B type shops.
A few admitted facts are sufficient for the disposal of this case.
Thus this appeal by special leave.
Application for intervention is allowed.
