VIBHU BAKHRU
Sports & Leisure Apparel Ltd. – Appellant
Versus
MCD – Respondent
Vibhu Bakhru, J.
1. The petitioner inter alia impugns an order dated 24.06.2010 (hereafter the ‘impugned order’) passed by the Officer on Special Duty of the Municipal Corporation of Delhi (MCD),imposing “damages” at the rate of Rs.7,36,000/- per month w.e.f. April 2010 for displaying an advertisement in contravention of the MCD’s Outdoor Advertisement Policy, 2007 (hereafter the ‘Outdoor Policy’). It was further held the advertisement was unauthorized as no permission was taken from the MCD under Section 143 of the Delhi Municipal Corporation Act, 1957 (hereinafter variously referred to as the ‘Act’ or ‘DMC Act’).
2. The petitioner impugns the levy of damages/damage charges (hereafter also variously referred to as ‘impugned charges’ or ‘impugned demand’) as being without authority of law. This is disputed by the MCD by contending that the levy of penalty and regulatory fee for displaying advertisement are contemplated under the Outdoor Policy, which has been affirmed by the Supreme Court and, therefore, authorized under Article 142 of the Constitution of India. Thus, the principal question that is to be addressed is whether impugned charges levied by the MCD are authorized
Ahmedabad Urban Development Authority v. Sharadkumar Jayantikumar Pasawalla: (1992) 3 SCC 285
M. Chandru v. Member-secretary
Synthetic & Chemicals v. State of UP: (1990) 1 SCC 109
State of UP v. Vam Organic Chemicals Ltd.: (1997) 2 SCC 715
State of UP v. Vam Organic Chemicals: (2004) 1 SCC 225
Leila Davit v. State of Maharashtra and Ors.: (2009) 4 SCC 578
Bharat Sewa Sansthan v. U.P. Electronics Corpn. Ltd.: (2007) 7 SCC 737
Supreme Court Bar Association v. Union of India: (1998) 4 SCC 409
Secunderabad Hyderabad Hotel Owners’ Association v. Hyderabad Municipal Corporation
Delhi Race Club Ltd v. Union of India and Ors.: (2012) 8 SCC 680
Sona Chandi Oal Committee v. State of Maharashtra: (2005) 2 SCC 345
Sri Krishna Das v. Town Area Committee
State of West Bengal v. Kesoram Industries Ltd.: (2004) 10 SCC 201
Vishaka v. State of Rajasthan: (1997) 6 SCC 241
M.C. Mehta v. Union of India and Ors.: (1997) 8 SCC 770
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