Excelsior Correspondent
Srinagar, July 20 : High Court has said that it cannot go into the powers of Cantonment Board (CB) with regard to fixing of trade licence fee for running business in the Cantonment area but directed the CB authorities to accept the fee from the petitioners as fixed previous year till the next date of hearing.
Petitioner-M/S Highlander Bar and Restaurant claims to be engaged in the business of Bar and Restaurant falling in Type license issued by Excise Department J&K and has all valid permission to run and operate the business in Cantonment area of Badami Bagh, Srinagar.
It is submitted that the Trade License fee was charged to the tune of Rs. one lakh from 2014 with enhancement of 10% license fee every year. Aggrieved of the hike in licence fee and filed a representation yet notwithstanding any decision on such representation, the respondents have in terms of the impugned letter bearing No. CB/BB/License/277/380 dated 12-07-2021 asked the petitioner concerned to deposit the Trade License Fee for Bar and Restaurant under Section 277 (I) J of Cantonment Act 2006 i.e., Rs. 5,00,000.
Justice Ali Mohammad Magrey said prima facie, court cannot go into the powers of the Cantonment Board to fix the fee but its reasonability is to be tested on the touchstone of the very power as laid down under sub Section (4) of Section 277 of the Cantonment Act, 2006, therefore sought response of respondents-Board to the plea of petitioners.
Court issued notice to Board authorities which was waived by advocate T. M. Shamsi (ASGI) on behalf of Cantonment Board. “Meanwhile, subject to objections and till the next date of hearing before the Bench, the petitioners shall continue to pay the fee already fixed by the Board in the previous year”, Justice Magrey directed.
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