Prakash v. C.D.A.
Case brief
What is this about?
The Single Judge allowed the writ petition regarding retrospective enhancement of license fees for Buxi Buzar Market Complex. The court dismissed the grievance, directed payment of arrears without interest, vacated the interim order, and directed payment of current rent fixed by the authority.
What did the court decide?
Petitioners directed to pay arrear dues without interest and current rent; interim order dated 20.01.98 vacated.
What the court decided
12. 25.10.2016 Heard learned counsel for the petitioners and learned
counsel for the Cuttack Development Authority.
The enhancement of license fees per Square feet so far as Buxi Buzar Market Co
mplex is concerned, from Rs.2.50 to Rs.5.00, is challenged in the present writ petition.
Further, it is the grievance of the petitioners that the aforesaid rate has be
en made applicable retrospectively and the petitioners have been asked to pay the arrear.
This is a matter of the year 1998. Buxi Buzar Market Complex is situated in a
posh locality, and even in the year 1998 it was a posh locality and a busy market place.
I do not find any infirmity, so far as enhancement of license fees with retros
pective effect is concerned.
The petitioners are directed to pay the arrear dues within three months from t
oday or by the time extended by the concerned authority on proper application made by them. No
interest shall however be charged on the arrear and if the petitioners want, the arrears may
be deposited in installments as fixed by the authority.
In accordance with the aforesaid observations, the O.J.C is disposed of.
The interim orderdtd.20.01.98 stands vacated forthwith. The petitioners are di
rected to pay current rent as fixed by the Cuttack Development Authority.
Balaram
Issues for consideration
1 issue framed by the court
Whether the retrospective enhancement of license fees and demand for arrears of rent was infirm.
Parties & counsel
- petitioner
Petitioners
- respondent
Cuttack Development Authority
Coram
Balaram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court