PANAJI
The High Court of Bombay at Goa has directed the Corporation of the City of Panaji (CCP) to frame a scheme for meat, chicken vendors within six weeks regarding the construction and maintenance of public markets and slaughterhouses, as well as the regulation of such facilities under the Corporation Act.
While disposing of petitions through a common judgment, the Court also stated that the nine petitioners (affected vendors) cannot claim rehabilitation during the period till the new building is constructed.
During the hearing earlier, the Court was informed that the CCP is required to accommodate 165 fish vendors, 35 fish cutters and 13 shellfish cleaners in a temporary shed to be built next to the building in question.
The submissions also mentioned that the Corporation Act does not contain a specific provision for rehabilitation during the interim period before the building's reconstruction.
The Bench, comprising Justice M S Karnik and Justice Valmiki Menezes noted that although there is no separate provision in the Act for rehabilitation, the CCP remains obligated to construct and maintain public markets and slaughterhouses and regulate these under the Act.
“We, therefore, find it appropriate that till the building is reconstructed, the CCP needs to frame a scheme to ensure that the obligation cast on it is fulfilled in letter and spirit for the convenience of the public at large,” the Court stated.
The nine petitioners had expressed their willingness to pay a fair rent determined by the CCP for rehabilitation, without insisting on the rent stipulated by their lease agreements. To this, the Court stated adding it was not possible to issue a blanket order mandating the petitioners' rehabilitation until the building is rebuilt.
The Division Bench, in its 19-page order, gave the CCP six weeks to formulate the scheme, which will remain effective until the building is constructed. The petitioners will have no claims thereafter. “It is open for the CCP to insist on undertakings. We make it clear that the petitioners are also free to enforce their rights or claims under the lease deeds before the appropriate forum for breach of terms and conditions of the lease,” the Bench clarified.
The High Court also slated the next hearing on December 18 with directions to the CCP to place on record decisions regarding the construction of the new building and proposed timelines for its completion.
The petitioners were evicted after an inspection found the fish market was in a dilapidated condition and was at risk of collapse. The old building was thereafter sealed on August 21 as the inspection also claimed it was dangerous.
The petitioners were verbally assured of alternative premises during the interim period until the building is demolished and a new one is constructed.
