Imperative for SGPDA to operate wholesale fish market only after obtaining MMC permissions, rules HC

MARGAO: In connection with a Public Interest Litigation (PIL) regarding the wholesale fish market of the South Goa Planning and Development Authority (SGPDA), the Goa bench of the Bombay High Court (HC) has held that in order for SGPDA to operate the wholesale fish market 

in Margao, acquiring a license/permission from the Margao Municipal Council (MMC) as outlined in Section 252 of the Municipalities Act is imperative.

Furthermore, the Court emphasized the applicability of the Food Safety and Standards Act to the operations of the wholesale fish. It highlighted the necessity for adherence to legal requirements in establishing and running a private market, as stated in the PIL filed by Sanjeev Raiturkar. Earlier, the Court affirmed that the SGPDA’s establishment and operation of a wholesale fish market in Margao falls within its legal purview. 

The Court expressed optimism that the SGPDA would ensure compliance with all legal standards to prevent pollution and health risks associated with market operations.

Addressing concerns raised in a petition by Raiturkar regarding formalin contamination and the SGPDA’s authority to manage the wholesale fish market, the Court concluded that the SGPDA has the statutory authority to construct and operate such a market under the Town and Country Planning (TCP) Act.

Rejecting the notion that the SGPDA can operate the wholesale fish market without obtaining a license from the Margao Municipal Council, the Court underscored the necessity of obtaining the required license as per Section 252 of the Municipalities Act. 

Additionally, it emphasized compliance with the provisions of the Food Safety and Standards Act, requiring sellers to obtain necessary permissions and licenses unless exempted by the Act itself.

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