Bagga Brothers vs Municipal Corporation
1991 Latest Caselaw 23 Del

JUDGMENT

Mahinder Narain, J.

(1) In this petition for civil contempt of court, which had arisen as a result of breach of orders passed by this Court, whereby a direction was issued to the defendant, M.C.D., to grant municipal license, which direction was breached. A question had arisen whether the rules had been framed u/Ss. 416 and 417 of the Delhi Municipal Corporation Act for the purpose of grant or non-grant of licenses postulated by the said sections.

(2) It was pointed out by counsel on 14.12.1990 that what exists with the defendant corporation is "Your Guide to Factory Licenses", and it was stated that no rules have been framed u/Ss. 416 and 417 of the Act. The result of this was that it was not open to the Mcd to refuse to grant license under the aforesaid provisions to any person.

(3) On 14.12.1990, I had directed the parties to lead their evidence in support of their respective contentions. The matter was directed to be listed for recording evidence as "Short Cause" on 17.1.1991, and again on 12.2.1991. The case was adjourned on request, to today, on 21.2.1991.

(4) Today it is stated by counsel for the parties that the Mun. Corp. has now complied with the direction of this Court to renew the factory license, which was directed to be renewed by order of this Court (A.B. Saharya, J') dated 19.2.1990.

(5) In view of the fact that the factory license, as directed on 19.2.1990, has been renewed, counsel for the petitioner does not wish to press this petition. He wishes to withdraw the same.