2025 (1) TMI 1088

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....015 bearing number 6123 passed by the Secretary, Municipal Council it appears that the petitioner was allowed to sell fruits at an open space measuring 1 square meter and adjacent to the existing fruit markets opposite to ACC Hotel in the year 2016. 2. The rent being charged from the petitioner was Rs. 20/- per day which was enhanced to Rs. 70 per day. On objection by the various vendors the sa....

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....uncil. 4. In view of the stark variance being observed on the levy of rent/licence fee for carrying out the activity of vending fruit etc., the learned counsel was requested to seek instructions from the authorities. 5. The learned counsel for the respondents, upon instructions, submits that the petitioner is a fruit vendor and cannot compare himself with the other vendors in the locality. H....

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.... not a relevant consideration to subject the petitioner to such discriminatory treatment. All other vendors in the same locality, as per the public notice dated 27.03.2017 are vendors of similar consumable items with reference to whom he is claiming discriminatory treatment. 8. The Court finds the levy to be shockingly disproportionate and discriminatory. Such arbitrary demand is thus found to ....

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....r taking into consideration 5% enhancement per month, the total dues would come to an amount of around Rs. 77,000/-, whereas the petitioner has deposited Rs. 1.00 lakh. 11. Such being the position, this Court is conscious of the fact that the determination of rent is an issue which is required to be considered by the authority with reference to certain parameters. A very essential parameter is ....