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2015 Supreme(Del) 1359

VIBHU BAKHRU
ASHA RANI – Appellant
Versus
NDMC – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr Sachin Chopra for petitioners in all petitions except W.P.(C) Nos. 9544/2009 & 9668/2009. Mr Keshav Dayal, Sr. Advocate with Mr Sandeep Kumar in W.P. (C) 9458/2009. Mr Kamal Bansal for petitioners in W.P. (C) Nos. 9544/2009 & 9668/2009
For the Respondents:Mr Gaurang Kanth with Mr Umang Joshi for respondent/NDMC in all petitions

JUDGMENT :

VIBHU BAKHRU, J.

1. The present petitions have been filed by shopkeepers in Sarojini Nagar market seeking quashing of Demand Notices (hereafter ‘impugned demand notices’) issued by North Delhi Municipal Council (NDMC) directing the petitioners to deposit conversion charges for conversion of first floor of the properties at Sarojini Nagar market from residential area to commercial area.

2. As the petitions have similar facts and common principal issues were raised, the petitions were heard together and petition W.P.(C) 9462/2009 was considered as the lead matter.

3. Briefly stated, the relevant facts of petition W.P.(C) 9462/2009 necessary to deal with the controversy are as follows:

3.1 It is relevant to note that in the notifications, communications etc. issued by the Government of India, the first floor of the Sarojini Nagar Market has been referred to as ‘Flat(s)’ and the ground floor has been referred to as ‘Shop(s)’. The same terminology has been followed herein.

3.2 Sarojini Nagar market came into existence around the year 1951 and shops were allotted to the shopkeepers on licence basis. In 1979, administrative and complete control of Sarojini Nagar market was transferre
















































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