Harinder Sachdev vs. Ndmc
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Hon'Ble Mr. Justice R.S. Sodhi
Listed On:
28 Nov 2005
Order Text
% 28.11.2005
Present : Mr.Sanjay Bahl for the petitioner. Mr.Arjun Pant for the respondent
<u>+WP(C) No.3887/2002</u>
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Learned counsel for the respondent has placed on record Council's decision taken on 23.11.2005 to the effect that for such properties where the owner has used the same under the 'Paying Guest Residential Accommodation Scheme' of Government of Delhi, NDMC would be charging electricity and water as per tariff applicable in the non-domestic category. Misuse would not be charged in respect of said houses.
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The policy decision notes that the applicability of the decision would be with effect from the date 'Paying Guest Residential Accommodation Scheme' was, notified by the Government or registration of the premises under the P.G.R. Scheme whichever is later.
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The policy decision aforesaid would require the bill issued against the petitioner, which needless to state levies misuse charges, to be revised in terms of the policy decision.
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Learned counsel for the petitioner states that in view of the policy decision the petitioner needs time to consider whether the petitioner is desirous of challenging the policy decision. For this, counsel states that the petitioner may be
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permitted to withdraw the writ petition with liberty, if advised, to file a petition challenging the levy of water and electricity charges in the non-domestic category.
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Liberty granted to the petitioner to withdraw the petition and file a fresh petition if the petitioner is aggrieved by the policy decision afore-noted.
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However, respondent is directed to revise the bill in terms of the policy decision. While revising the bill, it would taken into account that under orders passed by this court, petitioner has deposited certain amounts and during the pendency of the petition, further amounts have been paid, meaning thereby, that while raising the demand, adjustment of the amounts received by NDMC would be granted to the petitioner.
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No costs.
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Dasti.
Tooler the
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PRADEEP NANDRAJOG, J.
November 28, 2005 vg
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