Delhi High Court stays increase in court-fees Directs government and lawyer associations to resolve matter within two weeks

A Division Bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw has granted an interim stay on the Delhi government’s decision to increase court fees. On August 9, 2012 the Court passed the order in a petition filed by the Delhi High Court Bar Association against the Delhi government..A Division Bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw has granted an interim stay on the Delhi government’s decision to increase court fees. On August 9, 2012 the Court passed the order in a petition filed by the Delhi High Court Bar Association against the Delhi government..The writ petition [WP 4770 of 2012] filed by the Delhi High Court Bar Association, questions the constitutional vires of the Court Fee (Delhi Amendment) Act of 2012 through which the Delhi government has imposed a manifold increase in court fees applicable in all courts falling under its jurisdiction. The amendment came into effect from August 1, 2012..In its petition, the DHCBA has stated that not only does the Delhi government lack the authority to amend the legislation but that no “financial statements” have been furnished by the Delhi government to indicate that the increase in court fees is necessary..The petition argues that, apart from being unconstitutional, the increase also acts as a “disincentive for the litigants to approach the Courts” and will become a “stifling factor for achieving social or economic change”..As per a report in the Hindustan Times, the Court agreed with the submission that legislative competence of the Delhi government cannot be questioned. In fact, the Court was placing reliance on a letter written by Delhi’s Revenue Minsiter, AK Walia, indicating the government’s willingness to hold discussions with all the stake holders..On its part, the Delhi government has justified the hike by claiming that the increase was being implemented on the directions of the Delhi High Court and that the increased revenue collected would be used to implement the “e-Court Project” in Delhi. Delhi Chief Minister, Shiela Dikshit, has also stated that the hike has come after a gap of 55 years..Interestingly, the petition mentions the disposal rates of the courts of Delhi to argue against any need to increase court fees. As per the petition, the Delhi High Court managed to dispose of 30,279 cases till March 31, 2009 whereas 21,556 cases had been filed. In “tax matters”, the petition states that the “disposal rate” was 67,288 whereas 57,598 fresh matters were filed while on the “Criminal Side”, 93,807 cases were disposed of and 83,539 cases were filed.