Overriding market-area transfer power prevails over municipal control for land used as a public market within notified areas.
Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956 gives the Market Committee an overriding power to require a Municipality or Grama Panchayat to transfer land or buildings in its possession that were earlier used for a similar purpose and lie within a notified market area. The special scheme for regulating buying and selling of agricultural produce prevails over the general powers of a Municipality under the Orissa Municipal Act, 1950. The presence of some non-agricultural produce in the market does not take the matter outside the statutory framework, and a dominant-object argument raised for the first time in appeal is not entertained.
Issues: Whether land or buildings used by a Municipality for a market within a notified market area were liable to be transferred to the Market Committee on requisition under Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, despite the Municipality's powers under the Orissa Municipal Act, 1950.
Analysis: Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956 contains a non obstante clause and expressly authorises the Market Committee, after notification of the market area, to require any Municipality or Grama Panchayat to transfer land or buildings in its possession that were earlier used for a similar purpose and fall within the concerned market area. The Act was enacted for better regulation of buying and selling of agricultural produce, and the power to regulate such trade extends to markets established or controlled by local bodies. The special provisions of the Act prevail over the general powers of a Municipality under the Orissa Municipal Act, 1950. The presence of some non-agricultural produce in the market does not take the case outside the statutory scheme, and a contention based on the dominant object of the market could not be entertained for the first time in appeal.
Conclusion: The Market Committee was entitled to require transfer of the municipal market property under Section 4(4), and the challenge to the requisition failed.
Final Conclusion: The statutory scheme governing notified market areas overrides municipal control over public markets in that area, and the requisition for transfer was upheld.
Ratio Decidendi: Where a special statute regulating notified agricultural markets contains an overriding transfer provision, it prevails over the general municipal law and can be enforced against municipal market property falling within the notified area.
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