KAMAL GOODS CARRIER REGD Vs. MCD

JUDGEMENT

(1.) The writ petition impugns the challaning of the petitioner and upon non-payment of the challan amount, the consequent proceedings initiated against the petitioner under Sections 357 & 397 of the Delhi Municipal Corporation (DMC) Act, 1957 before the Special Metropolitan Magistrate. Notice of the writ petition was issued and vide interim order, coercive steps against the petitioner stayed.

(2.) While Section 357 supra inter alia prohibits owner/occupier of any premises from throwing / depositing rubbish upon any street, Section 397 supra inter alia prohibits deposit of material of any description in any public street. The petitioner was challaned with respect to the street outside its premises in Transport Centre at Punjabi Bagh, Rohtak Road, developed by the respondent no.3 DDA.

(3.) The challenge to the challan / proceedings is made on the ground that the respondent no.3 DDA having not handed over the operation of the said Transport Centre to the respondent no.1 MCD, MCD is not entitled to challan or initiate the aforesaid proceedings.