TALCHER MUNICIPALITY versus TALCHER REGULATED MKT. COMMITTEE AND ANR.

TALCHER MUNICIPALITY versus TALCHER REGULATED MKT. COMMITTEE AND ANR.

Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, clearly mandates that even a Municipal market must be transferred to the Market Committee if requisitioned, notwithstanding any contrary provision in the Orissa Municipal Act. The special act prevails over the general law, and arguments based on...

Source-derived case information.

Parties
Appellant: Talcher Municipality; Respondent: Talcher Regulated Market Committee; Respondent: Another (unspecified)
Jurisdiction
India
Judgment Date
28 July 2004
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Market Regulation, Municipal Property Transfer, Legislative Competence, Interpretation of Statutes
Administrative Law Municipal Law Agricultural Law Constitutional Law Market Regulation Municipal Property Transfer Legislative Competence Interpretation of Statutes

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Parties

Talcher Municipality

Appellant

Talcher Regulated Market Committee

Respondent

Another (unspecified)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether land and building of a market owned by a Municipality where notified agricultural produces are bought and sold is liable to be transferred to the Market Committee if requisitioned under Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956.

Ratio Decidendi

Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, clearly mandates that even a Municipal market must be transferred to the Market Committee if requisitioned, notwithstanding any contrary provision in the Orissa Municipal Act. The special act prevails over the general law, and arguments based on factual investigation not raised before the High Court cannot be entertained for the first time before the Supreme Court.

Court Disposition

Appeal dismissed

Orders

  • No costs.