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2019 (11) TMI 1776 - DELHI HIGH COURTSeeking declaration that in the guise of section 113 (2) (g) of the Delhi Municipal Corporation Act, 1957 the petitioner cannot be compelled to pay to the respondent no. l more than the actual amount collected towards toll tax from commercial vehicles entering the NCT, Delhi - payment of amount by the petitioner to the respondent no. l in excess of the toll tax actually collected by the petitioner - re-determination of annual/ weekly amount payable by the petitioner to the SDMC towards toll tax - suitable downward revision in the weekly/ annual remittance commensurate with the reduction in toll tax paying commercial vehicles - HELD THAT:- It would be in the interest of justice that before the respondent enforces their demand as now claimed by demand dated 18.11.2019, first they should give a hearing to the petitioner and thereafter taking into account the submissions of the petitioner pass an appropriate reasoned order. Given the terms of the contract as noted above i.e. Clause 16 and the legal position regarding compliance of the principles of natural justice, it is appropriate that the respondent give a proper hearing to the petitioner and thereafter pass a reasoned order - Present writ petition would be treated as a representation of the petitioner to the Commissioner, SDMC. Petition disposed off.
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