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2021 Supreme(Del) 126

SANJEEV SACHDEVA
MEP Infrastructure Developers Ltd. – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocate Appeared:
For the Petitioner:Dr. Abhishek Manu Singhvi, Mr. Mukul Rohatgi, Mr. Rajiv Nayyar, Senior Advocates with Mr. Shrinivas S. Bobde, Mr. Rajiv Shankar Dvivedi, Mr. Sushant Kumar Sarkar, Mr. Rishabh Jain & Mr. Azeem Samuel, Advocates.
For the Respondent:Mr. Harish Salve, Senior Advocate with Mr. Sanjay Jain Additional Solicitor General, Mr. Sanjay Poddar, Senior Advocates with Ms. Garima Prasad, Standing Counsel, Mr. Yuvraj Sharma, Ms. Nikita Srivastava and Ms. Astha Deep, Advocates, Ms. Padma Priya, Advocate

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Consequent to a bidding process, Petitioner was awarded a Contract by the South Delhi Municipal Corporation (hereinafter referred to the SDMC), for collection of Toll Tax & Environment Compensation Charge (ECC for short) from specified commercial Vehicles at the 124 toll plazas/posts/barriers bordering Delhi.

2. Petitioner has filed the subject Petition inter alia impugning, order dated 31.01.2020, passed by the Commissioner SDMC rejecting its representation; the demand notice dated 14.02.2020 issued by the Respondent Corporation demanding the weekly remittances envisaged by the Contract agreement along with penalty @ 0.1% per day; termination notice dated 16.03.2020; consequent notice inviting tender dated 28.04.2020 and the encashment of its bank guarantees.

3. Subject Writ Petition was filed on 19.02.2020. Petition was subsequently amended because of subsequent events.

PRAYERS IN THE WRIT PETITION

4. Petitioner by the amended Petition dated 18.05.2020 seeks the following reliefs:

    “a. Issue of a writ of mandamus or any other appropriate writ and appoint an independent Adjudicator to adjudicate the claims of the Petitioner;

b. Issue a declaratory writ to

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