SURJIT SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The petitioners have approached this court seeking quashing of the order dated 8.1.2014 (Annexure P-7), passed by the Commissioner, Municipal Corporation, Chandigarh (for short, 'the Corporation'), whereby he recognised the preferential right of 43 persons for allotment of parking sites in front of showrooms on Madhya Marg, Sector 7-C, Chandigarh for sale of old cars on Sundays and 17 balance sites were to be allotted by following a transparent procedure. Learned counsel for petitioners submitted that the Corporation decided to allot parking sites in front of one showroom to one car dealer on payment of fixed charges for carrying on their business of sale of old cars on every Sunday. There are 60 showrooms. Out of that, 43 sites were being allotted regularly to same persons who claim themselves to be the members of Car Dealers Association (for short, 'the Association'), whereas the petitioners were being denied the same right. For balance 17 sites, the allotment is proposed to be made by adopting a transparent procedure by inviting applications from all interested persons. The submission is that the aforesaid process is totally arbitrary. Once there were total 60 sites available, there was no question of giving preferential treatment to a set of persons and allotting the sites to them as a matter of right, whereas rest of them were sought to be allotted by following a transparent procedure as if that procedure was not required to be followed for allotment of 43 sites. He further submitted that in this process, the Corporation is trying to create an unhealthy competition. Once all the persons are to carry on business at same place in terms of the permission granted by the Corporation, all are similarly placed. They have to be treated equally. The prayer is that whatever procedure is to be followed, the same should be uniformly applied for allotment of all available sites.

(2.) On the other hand, learned counsel for the Corporation submitted that sale of cars at the site in question was continuing much prior to the Corporation came into existence. Whatever procedure was being followed, the same was inherited by the Corporation and it continued with the same. Vide communication dated 12.11.2002, the rates were fixed to be charged from all the persons carrying on business at the aforesaid sites for every Sunday. On 25.11.2008, a resolution was passed providing that parking in front of one SCO in Sector 7, Madhya Marg, Chandigarh, one dealer shall be allowed to operate for sale and purchase of old cars. Vide resolution dated 25.4.2011, the amount to be charged from the dealers carrying on business on every Sunday was increased from Rs. 500/- to Rs. 2,500/-. The aforesaid increase was challenged before this court. However, finally the writ petition was dismissed.

(3.) He further submitted that for preferential allotment of 43 sites to the members of respondent No. 3-Association, there is no material available on the file. They were being allowed as they were continuing with the aforesaid business for quite some time. He further submitted that business is being permitted to be carried on at this place as the Administration is to locate proper site for shifting the same, however, the needful has not been done till date. While not disputing the fact that in the impugned order, the Commissioner of the Corporation himself noticed that there is no reason for giving preferential treatment to 43 persons, but still he did not take any corrective steps. He further submitted that in response to the advertisement issued calling for applications for 17 available sites, 70 applications have been received. The manner in which the allotment is to be made is yet to be decided. In terms of office note dated 28.2.2014, it can either be by way of auction or draw of lots. He further submitted that whatever procedure is followed, the same will continue for granting permission for every Sunday. He further submitted that the Corporation is not averse to the proposal for auctioning of all the sites to make the system more transparent. He further submitted that the Corporation is ready and willing to re-consider the entire issue and frame a comprehensive policy, however, for that the matter will have to be put up in the meeting of the Finance and Contract Committee and thereafter final decision will be taken.