TMI Blog2004 (7) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 295 of the Orissa Municipal Act, 1950. The control of the said market is vested in the Municipal Council in terms of Section 296 thereof. Agricultural produces within the meaning of provisions of the Orissa Agricultural Produce Markets Act, 1956 (for short the Act ) are bought and sold in the said market. The Respondent-Market Committee sent a requisition dated 13.2.1996 to the Executive Officer of the Appellant stating therein that as it was in possession of the said market where agricultural produces were being bought and sold it was liable to transfer the same in terms of Sub-section (4) of Section 4 of the Act. A similar request was made to hand over the Hat and the land situated at Angarua in terms of a letter dated 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Others, [1999] 9 SCC 620. Submission of Mr. Das. learned counsel appearing on behalf of the respondent, on the other hand, is that the language used in Section 4(4) of the Act being clear and explicit, the judgment of the High Court must be held to have correctly rendered. The learned counsel pointed out that the vires of Section 4(4) of the Act has not been questioned. The Act has been enacted to provide for better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State. The Cooperation Department of the Government of Orissa issued notifications dated 2.8.1993 and 19.11.1994 whereby and whereunder various cereals, oilseeds, gur and sugarcane, fruits, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter alia from being exploited from the middlemen but the State has the requisite legislative competence to establish a market and in that view of the matter the said Act falls within the ambit of markets and covered by Entry 28, (See ITC Ltd. v. Agricultural Produce Market Committee and Others, [2002] 9 SCC 232). The said decision has recently been followed in Engineering Kamgar Union v. M/s. Electro Steels Castings Ltd. Anr., JT (2004) Supl. l SC 78. The said Act, as noticed hereinbefore was enacted for better regulation of buying and selling of agricultural produce. The power to regulate buying and selling of agricultural produce must be interpreted in the context in which the same has been used. Each person whoever is en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferred during the three years immediately preceding the transfer. A market may be belonging to a Municipality of Gram Panchayat but once a market area has been declared the provisions of the said Act will bring within its sweep even such markets. Sub-section (4) of Section 4 clearly mandates that even the market of a Municipality or a Gram Panchayat falling with the market area will have to be transferred it requisitioned therefor. In the event of such transfer, the net income derived therefrom by the market committee under Section 11 shall be shared equally by the market committee and the concerned Municipality or Gram Panchayat every year. The proviso appended to Sub-section (4) of Section 4 furthermore stipulates that the share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of the said Act to notify the market area within which there may exist market owned by and/or belonging to a Municipality or a Gram Panchayat power under Sub-section (4) of Section 4 can, in our opinion, be exercised by the respondent Committee. Contention of Mr. Misra to the effect that in the market in question apart from agricultural produces, non-agricultural produces are also bought and sold and thus, it was obligatory on the part of the authorities concerned to find out the dominant object of the Municipality in establishing the said market cannot be gone into by this Court for the first time as such a contention has not been raised before the High Court. The appellant furthermore did not raise any contention before t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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