Delhi High Court seeks AAP govt stand on pleas challenging levy of 70 percent special corona fee on liquor

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued a notice to the Delhi government and sought its response, by May 29, to the petitions which seek setting aside of the May 4 notification imposing the levy.

New Delhi: The Delhi High Court on Friday (May 15, 2020) has issued notice to the Delhi Government on a petition challenging the levy of 70 percent "special corona fee'' on the MRP of all liquor brands in the national capital. the Arvind Kejriwal led govt has been asked to file a response on the petition.

The notice to Delhi Government came after the Bench of Chief Justice DN Patel and Justice C. Hari Shankar heard the submissions on behalf of the petitioners.

Counsel for the petitioners submitted that the act on the part of Delhi Govt. is a case of excessive delegation as the Parent Act i.e. Delhi Excise Act does not empower the state to levy any fee or charges except as provided under section 26 of the Act. It was further submitted that the imposition of such a fee by the Govt. is in violation of Article 265 of the Constitution of India as it was without any authority of law.

The petition has been filed by Advocate Varun Tyagi and Advocate Bharat Gupta.

The petition has prayed for directions to Delhi Government to quash and set aside the Notification that has amended the Excise rules 2010 and Special Corona fees has been levied upon liquor.

The petition has also prayed for directions to the Delhi Government that the money so collected be refunded.

The Delhi government imposed the "special corona fee'' on alcohol, a day after allowing re-opening of 150 state-run liquor vends in the city from May 3.