LAWS(DLH)-2007-10-408

BHARTI DEVI Vs. UNION OF INDIA

Decided On October 23, 2007
BHARTI DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Rule. Mr. V.K. Tandon, learned counsel waives notice of Rule. With consent of counsel for parties, the petition was heard for disposal.

(2.) The petitioners were allowed, on licence basis to operate kiosks/vending machines/small shops in the ISBT Anand Vihar. Their limited claim in these proceedings is that the respondent, namely, Govt. of NCT and the Commissioner, Transport Department should consider their request reasonably for waiver/reduction of licence fee and also waiver of interest for a limited period from 17.11.2006 to 19.5.2007.

(3.) All the petitioners were allotted spaces on licence fee basis, in these areas. They carried on small businesses such as sale of consumer items and operation of vending machines. The licence fees varied between Rs. 30,000/- to Rs. 1 lakh per month. During November 2006 to May 2007, there was a dispute between the U.P. State Road Transport Corporation (UPSRTC) and Delhi Transport Corporation (DTC). The Govt. of NCT did not allow buses of the UPSRTC (which were not fitted with CNG equipments) to ply in the National Capital Territory of Delhi. In a retaliating more, DTC and other transport vehicles of NCT of Delhi were denied permission to ply in U.P. This resulted in virtual desertion of the ISBT, Anand Vihar which caters only to buses to go to destination in U.P. or pass through the State. The petitioners requested the respondents to waive the condition of their paying or depositing fee for the duration as they were unable to carry out any meaningful business. They also contended there could be reasonable waiver of both the licence fee as well as the interest.