JUDGMENT :

Jayant Nath, J.

CM APPL. No. 50934/2019

Allowed, subject to all just exceptions.

W.P.(C) 12483/2019 and CM APPL. No.50933/2019

1. This writ petition is filed seeking the following reliefs:-

“a. Issuance a suitable writ, order and direction declaring that in the guise of section 113 (2) (g) of the Delhi Municipal Corporation Act, 1957 the petitioner cannot be compelled to pay to the respondent no. 1 more than the actual amount collected towards toll tax from commercial vehicles entering the NCT, Delhi;

b. Issue a writ in the nature of declaration, declaring that the Toll Tax & ECC Agreement is ultra vires Section 113 (2) (g) of the Delhi Municipal Corporation Act, 1957 to the extent it contemplates payment of amount by the petitioner to the respondent no. 1 in excess of the toll tax actually collected by the petitioner;

c. Issue a writ in the nature of mandamus directing the respondents to make a fresh assessment as to the circumstances affecting toll collection taking into account the circumstances highlighted by the petitioner and reassess and re-determine the annual/ weekly amount payable by the petitioner to the SDMC towards toll tax;

d. Issue a writ in the nature of mandamus