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Mep Infrastructure Developers Ltd vs South Delhi Municipal Corporation & Ors on 12 April, 2021

Author: Manmohan

Bench: Manmohan, Asha Menon

$~Suppl.-37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    LPA 145/2021, CM APPLs. 13983, 13984 & 13986/2021.

     MEP INFRASTRUCTURE DEVELOPERS LTD. ..... Appellant
                     Through:   Dr. Abhishek Manu Singhvi, Sr.
                                Advocate with Mr. Mukul Rohtagi
                                Sr. Advocate, Mr. Rajiv Nayar, Sr.
                                Advocate, Mr. Sachin Dutta, Sr.
                                Advocate with Mr. Shankar
                                Dvivedi, Mr. Sushant Kumar
                                Sarkar, Rishabh Jain and Azeem
                                Samuel, Advocates.
                     versus
     SOUTH DELHI MUNICIPAL CORPORATION
     & ORS.                               ..... Respondents
                  Through: Mr. Harish Salve, Sr. Advocate
                           with Mr. Sanjay Poddar, Sr.
                           Advocate, Ms. Garima Prashad, Sr.
                           Advocate, Mr. Sanjay Vashishtha,
                           Additional Standing Counsel
                           (SDMC), Ms. Charu Singhal,
                           Advocate, Mr. Parth Yadav,
                           Advocate, Mr. Shreyas Shrivastava
                           and Mr. Nishant Choudhary,
                           Advocate.

    CORAM:
     HON'BLE MR. JUSTICE MANMOHAN
     HON'BLE MS. JUSTICE ASHA MENON
                   ORDER

% 12.04.2021 CM APPL. 13985/2021 Allowed, subject to all just exceptions.

Accordingly, application stands disposed of.

The appeal has been heard by way of video conferencing. Present appeal has been listed before this Bench today upon a special mentioning being allowed by the Hon‟ble the Chief Justice.

Issue notice. Mr. Sanjay Vashishtha, Advocate accepts notice on behalf of SDMC. He prays for and is permitted to file reply affidavit within a week. Rejoinder affidavit, if any, be filed before the next date of hearing.

During the course of hearing, it transpires that the impugned order has been given effect to, inasmuch as, Sahakar Global Limited has taken over the collection of Toll Tax and Environment Compensation Charge („ECC‟) from commercial vehicles at 124 toll plaza/post/barriers bordering Delhi.

Keeping in view the aforesaid, this Court is of the view that no ad interim order is called for. However, it is made clear that the award of the Toll Tax and ECC to Sahakar Global Limited shall be subject to further orders to be passed in the present appeal. Further, the record of the Toll Tax and ECC collected by Sahakar Global Limited shall be filed every fortnight before this Court.

The matter is directed to be taken up for hearing and disposal on 10th May, 2021 at 2:30 p.m. Appellant as well as the respondents are directed to file short written submissions not exceeding five pages each along with judgments that they wish to rely upon. The relevant portion of the judgments shall be highlighted by the respective counsel.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J ASHA MENON, J APRIL 12, 2021 TS