PRESIDENT, CAR DEALERS ASSOCIATION Vs. CHANDIGARH ADMN

JUDGEMENT

(1.) THIS Letters Patent Appeal assails the order dated 06th May, 2014 whereby learned Single Judge has issued certain directions to the Chandigarh Administration and its Municipal Corporation for the purpose of leasing out and/or permitting the use of open space in Sector 7, Chandigarh for running Car Bazar on Sundays.

(2.) THE Municipal Corporation has permitted the use of open space which is essentially meant for parking of vehicles in front of commercial establishments built up on the Madhya Marg in Sector 7, Chandigarh, to hold Car Bazar on Sundays, for which only nominal charges were taken from some of the members of the Car Dealers' Association [Registered]. The writ -petitioners [now private respondents] are also in the business of sale and purchase of old Cars and their grievance was against the alleged favouritism or preference given to the members of the appellant -Association. They challenged the order dated 08th January, 2014 of the Municipal Corporation, Chandigarh which candidly acknowledged the preferential treatment given to 43 members of appellant -association but as regard to the other available sites, it was decided to put them to 'open auction'.

(3.) CONSEQUENTLY , the learned Single Judge has directed that [i] the sites shall be allotted by way of auction; [ii] a comprehensive policy be framed by the end of June, 2014 for that purpose; [iii] permission to hold Car Bazar should be for a specific period and not for every Sunday; [iv] it should be ensured that the permission is granted to the persons of credential so that bona -fide purchasers are not cheated; and [v] members of the Car Dealers' Association can not be permitted to claim preferential right qua 43 sites.