Notified market area under agricultural markets law extended to nearby villages, triggering market fee liability on paddy purchases.

A notified market area under the Orissa Agricultural Produce Markets Act, 1956 was construed by reference to the Section 4(1) notification and its annexures. Annexure A brought within the notified area all land within an 8 km radius from the plots listed in Schedule B, and Schedule B covered the Attabira and Bheden Police Station area in Sambalpur District. Because Saharatikira and Bheden lay within that radius, they were treated as part of the notified market area. Purchases of paddy from that area therefore attracted liability to pay market fee under the Act, and the High Court order was set aside.

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Issues: Whether Saharatikira and Bheden fell within the notified market area so as to attract liability to pay market fee under the Act.

Analysis: The notification issued under Section 4(1) of the Orissa Agricultural Produce Markets Act, 1956 declared the notified market area with annexures. Annexure A treated the area within a radius of 8 kms. from the plots in Schedule B as within the notified area, while Schedule B included the area comprising Attabira and Bheden Police Station in Sambalpur District. Since the villages Saharatikira and Bheden were situated within the 8 kms. radius from the aforesaid police stations, they fell within the notified area. As the respondent was purchasing paddy from that notified area, market fee liability followed under the Act.

Conclusion: The villages were within the notified market area and the respondent was liable to pay market fee. The appeal succeeded and the High Court order was set aside.

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