Surya Kant, J. - (1.) THIS Letters Patent Appeal assails the order dated 06th May, 2014 whereby learned Single Judge has issued certain directions to the Chandigarh Administration and its Municipal Corporation for the purpose of leasing out and/or permitting the use of open space in Sector 7, Chandigarh for running Car Bazar on Sundays.
(2.) THE Municipal Corporation has permitted the use of open space which is essentially meant for parking of vehicles in front of commercial establishments built up on the Madhya Marg in Sector 7, Chandigarh, to hold Car Bazar on Sundays, for which only nominal charges were taken from some of the members of the Car Dealers' Association [Registered]. The writ -petitioners [now private respondents] are also in the business of sale and purchase of old Cars and their grievance was against the alleged favouritism or preference given to the members of the appellant -Association. They challenged the order dated 08th January, 2014 of the Municipal Corporation, Chandigarh which candidly acknowledged the preferential treatment given to 43 members of appellant -association but as regard to the other available sites, it was decided to put them to 'open auction'. Learned Single Judge, after hearing all the stake -holders has observed that there was no justification for the Corporation to give any preferential permission to 43 members of the Association for running the Car Bazar at the subject site. The Corporation though also took a stand before the learned Single Judge that it was willing to review the entire process, but the learned Single Judge viewed that owing to its track record, it was desirable to issue certain directions.
(3.) CONSEQUENTLY , the learned Single Judge has directed that [i] the sites shall be allotted by way of auction; [ii] a comprehensive policy be framed by the end of June, 2014 for that purpose; [iii] permission to hold Car Bazar should be for a specific period and not for every Sunday; [iv] it should be ensured that the permission is granted to the persons of credential so that bona -fide purchasers are not cheated; and [v] members of the Car Dealers' Association can not be permitted to claim preferential right qua 43 sites.;