CWP No.3594 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3594 of 2007 (O&M) Date of decision: 19.07.2010 Union of India ....Petitioner Versus Chandigarh Administration, Chandigarh, and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Gurpreet Singh, Advocate, for the petitioner. Mrs. Lisa Gill, Advocate, for the respondents. ***** VINOD K. SHARMA, J (ORAL) The petitioner has invoked the writ jurisdiction of this Court, seeking issuance of writ in the nature of certiorari quashing the notification dated 22.11.2004 (Annexure P/1) and letters dated 10.1.2005 (Annexure P/2), 24.3.2006 (Annexure P/3), 27.6.2006 (Annexure P/5), 9.10.2006 (Annexure P/7) and 23.11.2006 (Annexure P/9) to be in violation of provisions of Article 285(1) of the Constitution of India as well as the law settled by the Hon'ble Supreme Court in Municipal Corporation, Amritsar Vs. Senior Superintendent of Post Officers, Amritsar Division and Anr., J.T. 2004(1) SC 561. The petition was contested by the respondents. During the pendency of this writ petition the matter in issue was considered by the Hon'ble Supreme Court in number of civil appeals. One such appeal being civil appeal No.9458-9463 of 2003 CWP No.3594 of 2007 (O&M) -2- titled Rajkot Municipal Corporation and others Vs. Union of India, wherein with the consent of the local bodies and the Government, the appeals were disposed off by issuing following directions: - “(i) The Union of India and its departments will pay service charges for the services provided by the appellant municipal corporation. They will no pay any property tax. The service charges will be paid at 75%, 50% and 33 1/3% respectively of the property tax levied on private owners, depending upon whether Union of India or its department is uitilizing the full services, or partial services or nil services. The Union of India represented by its concerned department will enter into agreements/understandings in regard to service charges for each of its properties, with the respective municipal corporation. (ii) The above arrangement is open to modification or periodical revisions by mutual consent. In the event of disagreement on any issue, parties will resort to a dispute resolution mechanism by reference to a three Member Mediation Committee consisting of a representative of the Central government, a representative of a concerned municipal corporation and a senior representative (preferably the Secretary in charge of the department of municipal administration) of the State of Gujrat. (iii) If Railways or any other department of Union of India owning a property changes the agreement/understanding unilaterally, or fail to reach a settlement through the Mediation Committee in regard to any disputes, or fails to clear the dues, it is open to the concerned Municipal Corporation to initiate such action, as it deems fit in accordance with law by approaching the jurisdictional courts/tribunal for final CWP No.3594 of 2007 (O&M) -3- and interim relief. (iv) The municipal corporations shall not resort to coercive steps (such as stoppage of supplies/services) nor resort to revenue recovery proceedings for recovery of any service charge dues from Union of India or its departments. (v) The service charges payable by Union of India will under no circumstances be more than the service charges paid by State government for its properties. Wherever exemptions or concessions are granted to the properties belonging to the state government, the same shall also apply to the properties of Union of India. (vi) If the Railways does not to abide by the four general circulars of the Union of India dated 10.5.1954, 29.3.1967, 28.5.1976 and 25.8.1986 and the general consensus set out above, it is open to municipal corporation to take such action as is permissible in law.” Learned counsel appearing on behalf of the parties state that this petition be also disposed of in the same terms. With consent, this writ petition is disposed off in the same terms. (Vinod K. Sharma) Judge July 19, 2010 R.S.