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2006 Supreme(Del) 1318

S.RAVINDRA BHAT
RAMESH CHANDRA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Raj Birbal, Shivender Chopra


S. RAVINDRA BHAT, J.

( 1 ) THE petitioner, a senior counsel practising in this court, has questioned the levy and recovery of amounts by the Municipal Corporation of delhi (MCD) the respondent in these proceedings, towards parking charges.

( 2 ) IT is claimed that the petitioner purchased a "getz" car, manufactured by the second respondent. When he sought its registration, an amount of Rs. 4000/- was recovered on the footing that it was payable on account of "mcd parking charges". The recovery has been impugned as unauthorized, and impermissible in law. The petitioner avers that his vehicle is parked within his premises, and whenever he parks it outside, on MCD land, parking charges, as per policy of the MCD, are paid, for the duration of the service rendered. Therefore, it is submitted that there is no occasion to extract such an amount as "parking charges" payable to the MCD, at the stage of purchase of the car. It is also claimed that there is no corresponding service rendered by the MCD, and for every instance of parking on its land, MCD levies parking charges separately.

( 3 ) IN its counter affidavit, the MCD justified the levy of the parking charges, on the basis of a res






















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