TMI Blog1979 (11) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... being admitted, obviate debate. All these appellants and writ petitioners had paid market fees at the increased rate of 3 per cent (raised from the original 2 per cent) under Haryana Act No. 32 of 1977. Many dealers challenged the levies as unconstitutional, and this Court, in a series of appeals (C.A. Nos. 1083 of 1977 etc.) (1) ruled that the excess of 1 per cent over the original rate of 2 per cent was ultra vires. This cast a consequential liability on the market committees to refund the illegal portion. They were not so ordered probably because they could not straightway be quantified. The petitioners who had, under mistake, paid large sums which, after the decision of this Court holding the levy illegal, have become refundable, deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te wrongs, than upon any declarations of the Rights of Man or Englishmen....The Constitution of the United States and the Constitutions of the separate States are embodied in written or printed documents, and contain declaration of rights. But the statesmen of America have shown an unrivalled skill in providing means for giving legal security to the rights declared by American Constitutions. The rule of law is as marked a feature of the United States as of England. Another point. In our jurisdiction, social justice is a pervasive presence; and so, save in special situations it is fair to be guided by the strategy of equity by asking those who claim the service of the judicial process to embrace the basic rule of distributive justice, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dies without precedent. We indicated to counsel that the procedure adopted in the Newabganj Sugar Mills case (supra) may usefully be adapted to the present case. In broad principle, counsel did agree, and we proceed on that footing, that we devise a scheme of refund by the market committees and redistribution, to the extent indicated above, of small amounts to those from whom unwarranted collections had been made, may be unwittingly, by the traders who are appellants or petitioners. Article 226 grants an extra-ordinary remedy which is essentially discretionary, although founded on legal injury. It is perfectly open for the court, exercising this flexible power, to pass such order as public interest dictates and equity projects. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om him within one month or such other period as he may fix. The Registrar shall scrutinise such claims and ascertain the sums so proved. He will thereupon demand of all the market committees concerned payment into the Registry of such sums in regard to which proof of claims have been made. On such intimation, the market committees shall pay into the Registry the amounts so demanded by the Registrar within one week of such intimation. The amount shall be paid together with interest at 10 per cent per annum from today upto the date of deposit with the Registrar. IV. It shall be open to the Registrar to make such periodical claims on appropriate proof by claimants on the lines stated above. V. He will devise the mechanics of processing t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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