September 27, 2012 12:32:29 am
The Supreme Court on Wednesday stayed a Delhi High Court order,which had put a hold on the notification for enhanced court fees.
The Supreme Court also issued a notice to the Delhi Bar Association on the special leave petition filed by the Delhi government challenging the interim order passed on August 9.
A bench of Justices G S Singhvi and S J Mukhopadhyay stayed the High Court order after Solicitor General Rohinton Nariman and counsel Poornima Bhat Kak told the court that the order must be immediately stayed as the state was,on an average,losing Rs 1.5 crore every day on account of the stay by the High Court.
It is further submitted that the grant of stay by the High Court causes irreparable harm to the petitioner (Delhi government) because it will be impossible for the petitioner to recover the enhanced court fees if the Constitutional validity of the Act is subsequently upheld, the governments SLP said.
According to the government,the hike in court fees was necessary because the cost of administration of justice has increased manifold since 1958 when the court fee was last increased.
Opposing the High Court stay,the government said the legislative will should not normally be put under suspension.
It is now well settled that there is always a presumption in favour of the Constitutional validity of any legislation unless the same is set aside after final hearing and,therefore,the tendency to grant stay of legislation relating to economic reform at the interim stage cannot be understood, the SLP said.
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