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1 - 10 of 13 (0.32 seconds)Ganga Ram Hospital Trust vs Municipal Corporation Of Delhi on 1 June, 2001
14. This decision of Apex Court is applicable to the facts of the
present case because the provisions of section 169/170 of D.M.C. Act
are almost similar to Section 84 and 86 of NDMC Act, and these
provisions provide alternate remedy to the house tax payer. Besides,
this decision of Apex Court came subsequent to the decision of High
Court of Delhi in case of Ganga Ram Hospital Trust Vs. MCD, supra,
so this decision of Apex Court has overriding effect and this court has
to abide by said decision. If present case is examined on this
perspective, then order of Ld. Civil Judge is not sustainable in law on
issues Nos. 1 and 2 for the reasons that Ld. Civil Judge did examine
the relevant law on the point and did not give convincing reasons for
deciding these issues in favour of the plaintiffs and against MCD.
N.D.M.C vs Satish Chand(Deceased) By Lr Ram Chand on 11 September, 2003
13. Ld. Counsel for the appellant relied upon the judgment of
N.D.M.C. Vs. Satish Chand (Deceased) by LR. Ram Chand 2003
MCC 330 and argued that as per the decision of honorable Apex
Court, civil court does not have jurisdiction to entertain and try suit for
permanent injunction against levy of property tax. The Apex Court
observed as under:
Sir Sobha Singh & Sons (P) Ltd. vs New Delhi Municipal Committee on 16 November, 1987
"7. A Division Bench of the Delhi High Court in Sobha Singh &
Sons (P) Ltd. Vs. New Delhi Municipal Committee, [34 (1988)
DLT 91] had an occasion to consider the question of
maintainability of a civil suit challenging the assessment and levy
of property tax by the NDMC. Section 84 and 86 of the Act came in
for consideration. It was held that the provision of appeal
contained in Section 84(1) of the Act provide a complete remedy to
party aggrieved against the assessment and levy of tax. Section 80
provides that the remedy of appeal is the only remedy to a party to
challenge assessment for purposes of property tax. No other
remedy is available to a party in such circumstances. It follows
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that the remedy of civil suit is barred.