SPORTS & LEISURE APPAREL LTD Vs. MCD

JUDGEMENT

(1.) The petitioner inter alia impugns an order dated 24.06.2010 (hereafter the 'impugned order') passed by the Officer on Special Duty of the Municipal Corporation of Delhi (MCD),imposing "damages" at the rate of Rs. 7,36,000/- per month w.e.f. April 2010 for displaying an advertisement in contravention of the MCD's Outdoor Advertisement Policy, 2007 (hereafter the 'Outdoor Policy'). It was further held the advertisement was unauthorized as no permission was taken from the MCD under Section 143 of the Delhi Municipal Corporation Act, 1957 (hereinafter variously referred to as the 'Act' or 'DMC Act').

(2.) The petitioner impugns the levy of damages/damage charges (hereafter also variously referred to as 'impugned charges' or 'impugned demand') as being without authority of law. This is disputed by the MCD by contending that the levy of penalty and regulatory fee for displaying advertisement are contemplated under the Outdoor Policy, which has been affirmed by the Supreme Court and, therefore, authorized under Article 142 of the Constitution of India. Thus, the principal question that is to be addressed is whether impugned charges levied by the MCD are authorized by law.

(3.) Briefly stated the relevant facts necessary for considering the controversy are adumbrated as under: