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Delhi High Court

Karol Bagh Patri Vyapar Mandal (Regd) vs Municipal Corporation Of Delhi on 5 March, 2010

Author: Sanjiv Khanna

Bench: Sanjiv Khanna

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 1313/2010

       KAROL BAGH PATRI VYAPAR MANDAL (REGD.)
       ....                      Petitioner
                    Through Mr. Vishesh Issar, Advocate.

                      versus

       MCD                                 ..... Respondent
                               Through Mr. Sanjeev Sabharwal, Standing Counsel
                                           and Mr. Mukesh Gupta, Advocate for
                                           MCD.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

               ORDER

% 05.03.2010

1. The petitioners are transferees of teh bazari rights prior to 6th February, 2007 in Karol Bagh area. It is obvious that transfer of teh bazari rights and purchase thereof by the petitioners was for consideration. Keeping in view the trade and sale turnover in Karol Bagh area, I am not inclined to go into the question of quantum of transfer fee demanded by the respondent- MCD in the present case. MCD has divided the teh bazari sites into A, B and C category depending upon the location. Thus, MCD has taken into consideration the volume of trade and income of the teh bazari holders. It is not for the Court to determine and fix transfer fee for regularizing the transfers.

2. At this stage, learned counsel for the petitioner association submits that the petitioners should be permitted to make payment in installments. It is open to the petitioners to make a representation to the respondent corporation in this regard. It is, however, noticed that the circular was issued on 9th October, 2009 and it is stated by the learned counsel for the petitioner association that payments are to be made on or before 31st March, 2010.

The writ petition is accordingly disposed of.

SANJIV KHANNA, J.

MARCH 05, 2010 VKR