SMT. SATYA SHARMA vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th January, 2025 + W.P.(C) 11500/2024 and CM APPL. 47726/2024 SMT. SATYA SHARMA .....Petitioner Through: Mr. Harkirat Singh and Mr. Kartik, Advocates. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Yoginder Handoo, Additional Standing Counsel with Mr. Ashwin Kataria, Advocate with Mr. Prabhat (Estate Department) and Mr. Vicky (Accounts Department) CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This writ petition is preferred on behalf of the Petitioner laying a challenge to the demand notice dated 30.07.2024 as also for a direction to the Respondent to re-compute the licence fee with respect to Shop bearing no. 157-C, Palika Bazar, Connaught Place, New Delhi w.e.f. 02.09.2002 taking the monthly license fee as Rs.21,202/- as the base license fee with an enhancement of 30% as per judgment of this Court in Satya Sharma vs New Delhi Municipal Council, 2022 SCC OnLine Del 1970 passed in favour of the Petitioner in the earlier round of litigation. 2. Petitioner entered into a partnership with Mr. Pankaj Mehta and Mr. Adarsh Taneja on 02.09.2022 and the business was run by all the three in the shop in question. Mr. Pankaj Mehta and Mr. Adarsh Taneja dissolved their Signature Not Verified Digitally Signed W.P.(C) 11500/2024 Page 1 of 9 By:KAMAL KUMAR Signing Date:15.01.2025 23:27:37 partnership and Petitioner continued to run business from the said shop. From 2002 to 2010, regular invoices were raised by the Respondents towards license fees which was duly paid by the Petitioner from time to time. 3. It is further averred that on 28.09.2010, Petitioner enquired from the Respondents about the status of regularization of the shop and also sought transfer of the shop in