4 The plot in question came to be earmarked as “Vegetable Market” keeping in mind the nuisance caused by the vegetable vendors who were squatting all over the area surrounding the railway station premises, thereby creating traffic problems for the public at large. Thus there was a need to give them a place for vending vegetables. However, the Corporation did not have funds to construct the vegetable market. The Corporation therefore, considered the Government policy indicated in the Government Resolution dated 7th April, 1994 issued under Section 154 of the M.R.T.P. Act which provides that where the Corporation is unable to develop a vegetable market, the Corporation may allow the owner of the land to develop the land provided 20% of the earmarked plot is surrendered to the Corporation free of costs after constructing necessary market therein. The Corporation invoked the above policy and entered into an agreement with respondent No.5 under which respondent No.5 agreed to construct a vegetable market and surrender 25% of the built up area free of costs to the Corporation and also area for car parking. The building permission was granted on 9th December, 2004 (Exhibit-C annexed to the petition). An agreement was entered into between the Corporation and respondent No5-partnership firm of which respondent Nos.3 and 4 are partners. On the basis of the above building permission, respondent Nos. 3 to 5 proceeded with the construction. The petitioners herein challenged the aforesaid arrangement and permission granted by the respondent Municipal Corporation to respondent Nos. 3 to 5 for construction of the said market.
