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1996 Supreme(P&H) 838

M.JAGANNADHA RAO, DALVEER BHANDARI
Pioneer Crockery House – Appellant
Versus
Lt. Governor of Delhi – Respondent


Advocates Appeared:
For the Petitioners:Ms. Pinky Anand, Advocate with Ms. Geeta Luthra, Advocate.
For the Respondent Nos. 2 and 3:Arun Jaitley, Sr. Advocate with Mr. B.B. Gupta, Advocate.

JUDGMENT

M. Jagannadha Rao, CJ. - This writ petition is filed by the Pioneer Crockery House and Mrs. Paramjit Kaur on its behalf, (petitioners Nos. 1 and 2). The 3rd petitioner is the New Delhi Traders Association. The respondents are the Lt. Governor of Delhi; New Delhi Municipal Council (hereinafter called NDMC), and the Assistant Secretary (Enforcement) of NDMC.

2. The reliefs claimed in the writ petition are for holding Sections 89 and 92 of the New Delhi Municipal Council Act, 1994 as ultra vires of the Constitution; and for a declaration that New Delhi Municipal Council (Pasting of Bills and Advertisements) Bye-Laws 1992 are inconsistent with the New Delhi Municipal Council Act, 1994 (hereinafter referred to as NDMC Act) and hence must be treated as repealed by virtue of Section 416 of the NDMC Act. It is also prayed that the respondents may be restrained from demolishing/removing or in any way interfering with the name boards of the petitioners on their shops.

3. So far as the relief for holding Sections 89 and 92 of the NDMC Act as ultra vires is concerned, the question has not been argued before us. The main question argued is that the bye-laws of 1992 are ultra vires on th






















































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