BAJRANG LAL AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present writ petition, under Articles 226/227 of the Constitution of India, the petitioners, few shop keepers of the shops situated at O.F.B Market Complex, Itarsi calls in question the imposition of trading right fee along with the licence fee, electricity charges and the conservancy dues.

(2.) It is urged that compulsory exaction by way of trading right fee is without any basis or sanction of law and the imposition is beyond the powers of the respondents as there is no quid pro quo.

(3.) Admittedly, the petitioners are lessee of shops situated at Market Complex Area, Ordnance Factory, Itarsi, leased out in accordance with the policy guidelines for lease of defence lands for Ordnance Factory Estates, circulated vide Ministry of Defence letter No. 4 (3)/87/I/D (Fy.II) dated 10-8-1990, on the lease rent and other charges such as electricity and conservancy and the "trading right fee".