PIONEER CROCKERY HOUSE Vs. LT. GOVERNOR OF DELHI

JUDGEMENT

(1.) THIS writ petition is filed by the Pioneer Crockery House and Mrs. Paramjit Kaur on its behalf, (petitioners Nos. 1 and 2). The 3rd petitioner is the New Delhi Traders Association. The respondents are the Lt. Governor of Delhi; New Delhi Municipal Council (hereinafter called ''NDMC''), and the Assistant Secretary (Enforcement) of NDMC.

(2.) THE reliefs claimed in the writ petition are for holding Sections 89 and 92 of the New Delhi Municipal Council Act, 1994 as ultra vires of the Constitution; and for a declaration that New Delhi Municipal Council (Pasting of Bills and Advertisements) Bye-Laws 1992 are inconsistent with the New Delhi Municipal Council Act, 1994 (hereinafter referred to as NDMC Act) and hence must be treated as repealed by virtue of Section 416 of the NDMC Act. It is also prayed that the respondents may be restrained from demolishing/removing or in any way interfering with the name boards of the petitioners on their shops.

(3.) THE NDMC Act, 1994 was given assent by the President of India on 14.7.1994. Section 89 of the Act deals with prohibition of advertisements without written permission of the Chairperson. It reads as follows :-