Delhi High Court - Orders
Sahakar Global Limited-Jv And Anr vs The Commissioner Municipal ... on 18 October, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~86 to 88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13820/2023
SAHAKAR GLOBAL LIMITED-JV AND ANR ..... Petitioners
versus
THE COMMISSIONER MUNICIPAL
CORPORATION OF DELHI ERSTWHILE
SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent
+ W.P.(C) 13821/2023
SAHAKAR GLOBAL LIMITED JV AND ANR ..... Petitioners
versus
THE COMMISSIONER MUNICIPAL
CORPORATION OF DELHI ERSTWHILE
SOUTH DELHI MUNCIPAL CORPORATION ..... Respondent
+ W.P.(C) 13822/2023
SAHAKAR GLOBAL LIMITED-JV AND ANR ..... Petitioners
versus
THE COMISSIONER MUNICIPAL
CORPORATION OF DELHI ERSTWHILE
SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent
Appearance:- Mr. Mukul Talwar, Senior Advocate with Mr. Rakesh
Sinha, Mr. Pawan Kr. Bansal, Mr. Anand Srivastava,
Mr. Ansan Ul Haq & Mr. Rahul Kumar, Advocates
for Petitioners in Item Nos. 86 to 88. [M:-9760886557
& 9650019547]
W.P.(C) 13820/2023 & Connected Matters Page 1 of 4
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 19/10/2023 at 23:45:31
Mr. Sanjay Vashishtha, Standing Counsel for MCD in
Item Nos. 86 to 88.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.10.2023 CM APPL. 54619/2023 (Exemption) in W.P.(C) 13820/2023 CM APPL. 54622/2023 (Exemption) in W.P.(C) 13821/2023 CM APPL. 54625/2023 (Exemption) in W.P.(C) 13822/2023 Exemption allowed, subject to all just exceptions.
The applications stand disposed of.
W.P.(C) 13820/2023 & CM APPLs. 54618/2023, 54620/2023 W.P.(C) 13821/2023 & CM APPLs. 54621/2023, 54623/2023 W.P.(C) 13822/2023 & CM APPLs. 54624/2023, 54626/2023
1. Issue notice. Mr. Sanjay Vashishtha, learned counsel, accepts notice on behalf of the Municipal Corporation of Delhi ["MCD"].
2. The petitioners have filed these three writ petitions under Article 226 of the Constitution, assailing decisions of a High Level Committee constituted in terms of a contract dated 09.04.2021 for Toll Tax and Environmental Compensation Cess Collection ["the Agreement"], and an order of the Commissioner of the MCD dated 09.10.2023.
3. The petitioner was granted the contract for collection of toll tax and environmental compensation cess by the MCD for a period of three years. It sought remission of fee payable by it for various periods on account of force majeure conditions. These writ petitions deal with remission claims under the same contract, but for three different periods.
4. The contention in these writ petitions is that the Commissioner of the respondent, and the High Level Committee have both accepted the petitioners' claim that a force majeure event had occurred, but have failed W.P.(C) 13820/2023 & Connected Matters Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/10/2023 at 23:45:31 to grant the complete relief sought by the petitioners.
5. At the very outset, Mr. Sanjay Vashishtha, learned Standing Counsel for the MCD, who appears on advance notice, contests the maintainability of the present petitions in exercise of this Court's jurisdiction under Article 226 of the Constitution. He submits that the petitioners' claims arise in the context of a purely commercial contract, and the petitioners ought to be relegated to ordinary civil remedies. It is submitted that, although the jurisdiction of the writ court is not barred even in contractual matters, the present case raises factual questions with regard to the quantum of toll tax collection by the petitioners and accounting issues, which would require adjudication by way of civil remedies.
6. Mr. Mukul Talwar, learned Senior Counsel for the petitioner, on the other hand, submits that two writ petitions for similar relief in respect of different periods [W.P.(C) 17224/2022 and W.P.(C) 17226/2022] have already been entertained by the Court and are next listed on 22.01.2024. In the said writ petitions, notice was issued by order dated 16.12.2022 and the respondents have been directed to file counter affidavits. However, no interim orders were granted.
7. In the present case, however, Mr. Talwar prays for interim orders of stay of the impugned orders. I am of the view that a serious question arises, as to whether the petitioners' claims can properly be adjudicated in writ proceedings. However, having regard to the fact that the similar writ petitions have already been entertained by the Court, notice is being issued in these writ petitions also. Even in those writ petitions, no interim orders were granted. In these circumstances, I do not find it appropriate to W.P.(C) 13820/2023 & Connected Matters Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/10/2023 at 23:45:32 grant any interim orders, other than to direct that any amounts deposited by the petitioners pursuant to the impugned orders will abide by the result of the writ petitions.
8. Respondents are directed to file counter affidavits to the writ petitions, without prejudice to their objections as to their maintainability, within a period of four weeks from today. Rejoinders thereto, if any, may be filed within two weeks thereafter.
9. List these writ petitions alongwith W.P.(C) 17224/2022 and connected matters on 22.01.2024.
PRATEEK JALAN, J OCTOBER 18, 2023 'pv'/ W.P.(C) 13820/2023 & Connected Matters Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/10/2023 at 23:45:32