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New Delhi Municipal Committee vs Kalu Ram & Anr on 20 April, 1976

67. I may mention here that in written Statement before Estate Officer, the appellant had specifically referred to the aforesaid judgment but the Estate Officer has not referred to the aforesaid judgment. Alongwith the petition before Estate Officer, MCD had annexed an order dated 13.02.2020, vide which, the appellant was directed to vacate the property and to pay market rent for the municipal property which was calculated as per a calculation sheet. Perusal of the same shows that the market rent has been calculated from the year 1966. It is clear that MCD is demanding the arrears of market rate even for the period which is time barred. Therefore, the order demanding the market rent is set aside with direction to Estate Officer to exclude the period which is time barred by limitation and then, calculate the market rent/damages. The Estate Officer shall hear the parties on this point and pass a fresh order on the question of market rent/damages in view of New Delhi Municipal Committee vs. Kalu Ram & Anr., 1976 AIR 1637 (supra).
Supreme Court of India Cites 6 - Cited by 97 - A C Gupta - Full Document
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