M/S Universal Enterprises v. South Delhi Municipal Corporation

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11771/2016 & C.M. Nos.46443-44/2016 M/S UNIVERSAL ENTERPRISES ..... Petitioner Through Mr. B.L. Wali and Ms. S. Gupta, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Rakesh Mittal, Standing Counsel with Ms. Kamlesh Anand and Ms.

Yamini Mittal, Advs

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.12.2016 The petitioner had been allotted a parking site on 03.09.2016 at New Friends Colony on a monthly license of Rs.19,78,607/-. The contention of the petitioner is that this parking site was not hurdle free; there were several obstructions; he had written to the Department. The Department vide its order dated 02.11.2016 had ordered that the parking site should be measured and in fact an inspection of the parking site had been carried out and measurement had been taken which is reflected in the communication dated 03.11.2016. The proposed map has also been placed on record. Learned counsel for the petitioner submits that he is permitted to pay a lesser amount of license fee.

On advance notice, learned counsel for the respondent/SDMC

has put his appearance. His submission is that these letters do not reflect the intent of the Department to accept any reduced license fee. Learned counsel for the respondent submits that the petitioner is in fact a defaulter and he has not been paying monthly license fee. The petitioner prays that this petition should be treated as representation to the Department. It is ordered accordingly. The prayer made in the petition which is that the Department should accept reduced license fee, in view of the submissions noted supra, shall be considered by the Department (uninfluenced by any observations made in this order) and the same shall be answered in accordance with law within an outer limit of four weeks. Petition disposed of.

Order dasti.

INDERMEET KAUR, J DECEMBER 19, 2016