Delhi High Court - Orders
Sir Sobha Singh And Sons Pvt Ltd vs The New Delhi Municipal Council on 6 December, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7136/2020 & CM APPL. 43717/2021
SIR SOBHA SINGH AND SONS PVT LTD ..... Petitioner
Through Mr. Rajiv Nayyar, Senior Advocate
with Ms. Ruby Singh Ahuja, Mr.
Aman Ahluwalia, Mr. Shravan Sahny,
Mr. Ashutosh P. Shukla & Ms.
Manjira Dasgupta, Advocates.
(through VC)
versus
THE NEW DELHI MUNICIPAL COUNCIL ..... Respondent
Through Mr. Arjun Mitra, Advocate for
NDMC
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 06.12.2021
1. Learned Senior Counsel appearing for the petitioner submits that in similar circumstances, a property tax bill for the period 2019- 20 was received without passing any assessment order on the notice dated 28.03.2019.
2. Learned Senior Counsel submits that even till date said notice has not yet been disposed of and fresh assessment order has been passed.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondent who prays for time to take instructions. Let reply be filed within four weeks. Rejoinder, if any, be filed within four Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 7136/2020 Signing Date:06.12.2021 1 Signing Date:07.12.2021 17:54:36 23:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
weeks thereafter.
4. At request, renotify on 18.01.2022, en-bloc date.
5. Since present bill also emanates from assessment order dated 04.02.2021 which itself in para 24 records that to decide the pending notice dated 28.03.2019, fresh hearings is to be granted separately and thereafter no notice has been issued to the petitioner for the subsequent assessment year.
6. Since assessment for the year 2018-19 is still pending finalisation as the notice dated 28.03.2019 has not yet been disposed of and the impugned notice is based on the assessment year 2019 - 2020 as such prima facie respondents cannot seek enforcement of the impugned demand for the assessment year 2021-22.
7. Accordingly, the impugned property tax bill dated 15.11.2021 shall remain stayed, subject to petitioner continuing to pay property tax as per the admitted rate.
8. Order dasti under signature of the Court Master.
SANJEEV SACHDEVA, J DECEMBER 6, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 7136/2020 Signing Date:06.12.2021 2 Signing Date:07.12.2021 17:54:36 23:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.