TMI Blog2011 (8) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... e orders of the Gauhati High Court. Machkhowa market is situated close to the railway station and is inside the city and the land thereon has been allotted to the Department of Handloom and Textiles, Government of Assam for the purpose of construction of an administrative building. For this purpose it was proposed to remove the appellants and other wholesale vendors from the Machkhowa market, and instead a new market has been constructed at Ganeshguri. It was submitted by the appellants and others that there is not enough space in the Ganeshguri municipal market for the appellants and others. We are not referring to the various orders issued by the Gauhati High Court from time to time. 4. In one of the counter affidavits filed before us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause of hundreds of vehicles entering the city carrying goods for the wholesale markets resulting in traffic congestion, air and noise pollution etc., apart from posing health and hygiene problems. A large number of these goods will be dumped on the roads causing huge collection of waste and garbage. The rotting goods may spread diseases. They may also attract stray animals. 7. Ordinarily everywhere in the world wholesale markets are situated at the outskirts or outside the city limits. No doubt, the shifting of the shops of the wholesellers will cause some hardships to some individuals, but it is well settled that public interest prevails over the private interests. Thus, in Friends Colony Development Committee vs. State of Orissa AIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to have been infringed, the underlying purpose of the restriction imposed and the extent and urgency of the evil sought to be remedied thereby, disproportion of the imposition, prevailing conditions at the time etc., are the relevant considerations for determining whether the restriction is reasonable. 11. Further, as held in Jyoti Pershad v. Union Territory of Delhi, AIR 1961 SC 1602, the standard of reasonableness must also vary from age to age and be related to the adjustments necessary to solve the problems which communities face from time to time. In adjudging the validity of the restriction the Court has necessarily to approach the question from the point of view of the social interest which the State action intends to promote, v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eople. The legislature is free to recognize degrees of harm, and may confine its restrictions to those where the need is deemed to be the clearest. In our opinion, the same principle would apply to executive action also, unless there is clear violation of a statute or a constitutional provision. 15. In our opinion, the State should not be hampered by the Court in dealing with evils at their point of pressure. All legislation, including delegated legislation (such as the kind we are examining) and executive action is essentially ad hoc. Since, social problems nowadays are extremely complicated, this inevitably entails special treatment for distinct social phenomena. If legislation or executive action is to deal with realities it must addr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Social Sciences, as in the Physical Sciences, depends on a process of trial and error and Courts must not interfere with necessary experiments. 18. Justice Brandeis also observed :- To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the Nation. 19. On the facts of the case, we are of the opinion that the appellants and other wholesale traders should shift to the wholesale markets at the outskirts or outside the city limits of Gauhati. 20. If the markets are not constructed yet, they will be constructed by the government, the municipalities and other authorities in consultation with the representatives of the wholesa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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