MARGAO
The High Court has held that the South Goa Planning and Development Authority (SGPDA) will have to obtain a licence/permission as contemplated by Section 252 of the Municipalities Act from the Margao Municipal Council to operate the wholesale fish market.
The Court further held that the provisions of the Food Safety and Standards Act will apply to the operation of the wholesale fish market at Margao. Since a private market is proposed to be established and operated, all permissions contemplated by the law would be necessary unless those laws exempt such permissions, the High Court has observed, while disposing of a Public Interest Petition filed by Sanjeev Raiturkar on Wednesday.
The High Court, however, held that the SGPDA cannot be said to be acting beyond its legal competence or ultra vires in the construction and operation of a wholesale fish market at Margao.
“We are hopeful that the SGPDA will be alive to all legal requirements and take all measures to ensure that the operation of the market give no cause for pollution or health hazards”, the court said.
In his writ petition, Raiturkar had raised the issue of formalin in the fish market; the competence of the SGPDA to construct and operate a wholesale fish market at Margao and the issue whether the SGPDA can operate a wholesale market without obtaining permissions from the Margao Municipal Council under the Food Safety and Standards Act, 2006.
The High Court bench observed: “On the holistic consideration of the provisions of the TCP Act, we cannot agree that the SGPDA has no power to construct a wholesale fish market or operate the same. So also, we cannot accept the contention that the construction of a wholesale fish market and its operation is not one of the functions that the SGPDA is competent to perform, given the statutory framework of the TCP Act”.
While rejecting the contention that the SGPDA can operate a wholesale fish market without obtaining any license from the MMC, the Court observed “the SGPDA will have to obtain the necessary license in terms of section 252 of the Municipalities Act from the MMC before it can operate the wholesale fish market”.
The Court added: “Similarly, if fish is intended to be sold from the wholesale fish market, the Food Safety and Standards Act, 2006 provisions would apply. In terms of this Act, necessary permission, licenses, etc will have to be obtained by those selling fish, unless they are exempted under the said Act itself”.
