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TMI Blog2025 (1) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... 50/- per day within a span of one year and it is this enhancement which the petitioner s claim to be discriminatory as the same amounts to the petitioner s paying an amount of Rs. 1500/- per month whereas others are being levied lesser rent/licence fee. The fact that the petitioner is a fruit vendor is not a relevant consideration to subject the petitioner to such discriminatory treatment. All other vendors in the same locality, as per the public notice dated 27.03.2017 are vendors of similar consumable items with reference to whom he is claiming discriminatory treatment - The Court finds the levy to be shockingly disproportionate and discriminatory. Such arbitrary demand is thus found to be unsustainable. The levy of Rs. 50/- per day is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncil to take instructions as to under what circumstances, the petitioner is required to pay Rs. 50 x 30 = Rs. 1500/- per month for being allowed permission to sell fruits in an open space upon the drain whereas others in the locality/adjacent fruit market are being charged lesser amounts though they have been allotted areas greater than the petitioner in the same locality for carrying out similar activities such as selling fish and vegetables etc. 3. The disparity was noticed with reference to the public notice dated 27.03.2017 also issued by the Secretary of the Port Blair Municipal Council. 4. In view of the stark variance being observed on the levy of rent/licence fee for carrying out the activity of vending fruit etc., the learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nable since other vendors have been charged much less than Rs. 1500/- per month, i.e. Rs. 1000/- per month or Rs. 800/- per month. 9. This Court would take notice of the fact that the earlier interim order of this Court has directed the petitioner to deposit an amount of Rs.1.00 lakhs to establish his bona fide. The amount has since been deposited on 17.10.2024 with the authorities. According to the petitioner, even if the amount of rent per day is enhanced by 5% per year since January, 2016 when he occupied the space, then at best the authorities today would be in a position to charge nearly Rs. 30/- per day casting corresponding liability of about Rs.900/- per month on the petitioner. 10. Calculating the arrears after taking into consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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