HC stays Delhi govt`s decision to hike court fees
New Delhi: The Delhi High Court on Thursday stayed the city government`s decision to hike the court fees by ten-fold and asked it to resolve the impasse within two weeks after holding discussions with lawyers` bodies.
"Having regard to the nature of the controversy, the Delhi Government will try to resolve the issue within two weeks after holding discussions with the Coordination Council of All Bar Associations in Delhi and the Delhi High Court Bar Association," a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said.
The court, however, agreed with the submissions of Nazmi Waziri, counsel for the Delhi government, that the legislative competence of the State cannot be questioned.
The bench, while staying the operation of the Court Fee (Delhi Amendment) Act, 2012, referred to the contents of a letter written by Delhi Revenue Minister A K Walia to the lawyers` body that the government was willing to resolve the issue by holding discussions with all the stakeholders.
The court also said that certain provisions in the new Act are not rational and can be questioned, but "right now we are not on that. We are simply asking you to hold discussions to resolve the issue at the earliest in the light of the letter written by the minister to the Coordination Council of All Bar Associations in Delhi."
The court then fixed the matter for further hearing on August 28.
The court was hearing a petition filed by the Delhi High Court Bar Association (DHCBA) seeking directions "to hold the Court Fee (Delhi Amendment) Act, 2012, as void, ultra vires and unconstitutional as it is in the nature of collecting revenue and beyond the competence of the state legislature."
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