W.P.(C)--5946/2015. Case: SPORTS & LEISURE APPAREL LTD. Vs. SOUTH DELHI MUNICIPAL CORPORATION. High Court of Delhi (India)
| Case Number | W.P.(C)--5946/2015 |
| Citation | NA |
| Judgement Date | December 04, 2015 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 26th November, 2015 Date of decision: 04th December, 2015
+ W.P.(C) 5946/2015
SPORTS & LEISURE APPAREL LTD. ..... Petitioner
Through: Mr. Krishnendu Dutta with Mr.
Manish Srivastava and Ms. Niti Arora, Advocates.
versus
SOUTH DELHI MUNICIPAL CORPORATION .....Respondent Through: Mr. Sanjay Poddar, Senior
Advocate with Mr. Vikas Chopra and Mr. Govind Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE V.P.VAISH
JUDGEMENT
VED PRAKASH VAISH, J.
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The petitioner seeks directions to the respondent from taking any coercive action including removal, dismantling, spoiling, reducing in size, defacing, cutting, etc. in respect of display made by the petitioner at its outlet bearing No.E-1, South Extension Part II, New Delhi-110049 and further to declare the proposed action of removal of the display by the respondent as illegal.
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Succinctly stating the facts germane to the present petition are that the petitioner is in the business of manufacturing, marketing and selling apparels under the brand name „Lacoste‟ and operates a retail outlet from
the property bearing No.E-1, South Extension Part II, New Delhi. The respondent vide orders dated 16.04.2010 and 29.04.2010 directed the petitioner to deposit damages in respect of the unauthorized display of „Two Wall Wrap‟ at the said premises. The petitioner filed a writ petition bearing W.P.(C)No.3751/2010 seeking quashing of the above mentioned orders. The said petition was disposed of vide order dated 28.05.2010 permitting the petitioner to file a representation with the MCD, who will decide the same after affording the petitioner an opportunity of hearing.
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Vide order dated 24.06.2010, the respondent disposed of the representation of the petitioner stating that the advertisement displayed by the petitioner is commercial in nature as it exceeds the permissible free self-signage size of 2.5 sq. mtr. and imposed damages of Rs.7,36,000/- for the month of April, 2010 and for all the subsequent months at the same rate till removal of displays or obtaining permission from the MCD as required under Section 143 of Delhi Municipal Corporation Act, 1957 (DMC Act). Aggrieved by the said order, the petitioner filed a writ petition bearing W.P.(C) No.4436/2010 and the same was allowed vide judgment dated 18.11.2014. Thereafter, the respondent, South Delhi Municipal Corporation (SDMC) filed LPA bearing No.78/2015 which was dismissed in limine. Review petition...
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