Delhi Govt's New Excise Policy 2021-22: High Court To Hear Plea Challenging Tender Conditions Tomorrow

The Delhi High Court on Monday directed that the petition challenging tender conditions of Delhi Government's New Excise Policy 2021-22 be presented before a bench headed by the Chief Justice, which is already dealing with other pleas challenging the said policy.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh observed that since the CJ led bench is aware of the scope of controversy with respect to the new Excide policy, it is appropriate that the plea challenging the tender conditions for being unreasonable, is also presented before the same bench.

"In order to resolve this controversy, we direct this matter to be placed before division bench 1 headed by Chief Justice DN Patel on July 20. Since DB 1 is seized of other matters and is aware of the scope of controversy, we leave it to the bench headed by Chief Justice," the bench ordered.

The bench led by Chief Justice is dealing with several petitions against the New Excise policy, wherein notice was issued seeking response of Centre and the Delhi Government. However, interim relief in the form of stay on the policy was denied and the matter was posted for further hearing on July 20.

In this backdrop, Dr. Abhishek Singhvi appearing for the Delhi Government submitted that since Chief Justice's bench is already seized of the matter dealing with the challenge to New Excise Policy, the instant case should also be listed there.

Senior Advocate Rajiv Nayyar, appearing for the petitioner, on the other hand argued that the policy itself is not under challenge in the petition. He stated that the Petitioner is only interested in participating in the tender process by submitting the bid. It was therefore submitted that since the instant bench is dealing with tender matters as per the roster, the matter should not be transferred to the Chief Justice's bench.

The Bench was however convinced to issue directions for listing this case before DB-1, i.e. division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh. The matter will come up tomorrow.