Delhi High Court - Orders
M/S Sharda Builders And Promoters (P) ... vs New Delhi Municipal Council & Anr on 18 November, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13004/2021 & CM. APPL. 40987/2021
M/S SHARDA BUILDERS AND PROMOTERS (P) LTD..Petitioner
Through Mr. Subhash C. Jindal, Advocate.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR. ..... Respondent
Through Mr. Sriharsha Peechara, Advocate
with Mr. Ashish Tiwari, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 18.11.2021
1. Petitioner impugns the assessment order dated 09.10.2020 and seeks a direction to the respondents to re-fix the rateable value for the year 2020-21 by taking actual rent and law into consideration.
2. Learned counsel for the petitioner submits that there is an apparent error in the impugned assessment order, inasmuch as the impugned assessment order records that the existing rateable value is Rs. 68,33,900/- and after noticing the existing rateable value has held that the exiting rateable value of Rs.91,04,500/- is maintained for the year 2020-21
3. Issue notice. Notice is accepted by learned counsel for the respondents.
4. Learned counsel for the respondent under instructions concedes Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU W.P.(C) 13004-2021 Signing Date:18.11.2021 1 Signing Date:18.11.2021 22:38:27 21:13 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
that there is an apparent error in the impugned order and submits that the said order shall be withdrawn and a fresh order passed.
5. In view of the above, the impugned assessment order dated 09.10.2020 passed under Section 70 of the NDMC Act, 1994, is set aside.
6. Respondent would be at liberty to pass a fresh assessment order in accordance with law. Since order records that no supporting documents were produced by the petitioner, petitioner is given one opportunity to file documents, with the Respondents, within 15 days. Thereafter, the respondent shall pass an assessment order after giving an opportunity of hearing to the petitioner.
7. The petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
NOVEMBER 18, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU W.P.(C) 13004-2021 Signing Date:18.11.2021 2
Signing Date:18.11.2021 22:38:27 21:13
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.