Dismissing the petition filed by Chandigarh second hand car dealers’ association seeking preferential rights in allotment of sites, the Punjab and Haryana high court has granted three months’ time to the UT municipal corporation to come up with a comprehensive policy for site allotment to such car dealers in Sector 7 for carrying out business on Sundays.
The division bench headed by justice Surya Kant ordered that till the new policy is framed, the present system would remain in force. The court has also directed that it is up to the municipal corporation that for how much time period the sites are to be allotted to the car dealers.
The association had approached the division bench in an appeal challenging the single judge’s judgment of May 6 to the extent that certain directions had been issued by the single judge for framing policy of allotment of parking sites by way of auction only and ignoring the appellant association for any preferential rights for allotment of 43 sites.
The car dealers’ association has been engaged in the business of sale and purchase of second hand cars on commission basis by way of car bazaar, which is organised every Sunday at Sector 7 by the side of Madhya Marg in front of show rooms in the parking place for the last 32 years.
Raising questions on the single judge’s judgment, the petitioner association had submitted that the court is not liable to issue directions for framing policy in any particular manner although the municipal corporation on its own may or may not provide for such conditions. It was further submitted that the interim directions by the single judge for allotment by way of draw of lots by inviting applications from all interested persons seeking permission to carry on their business of sale and purchase of old cars on all Sundays amounts to framing of a policy by the court, which is impermissible in law.