Bali Ram Sharma vs Land Acquisition Collector
2009 Latest Caselaw 3945 Del

29.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 11466/2009

      BALI RAM SHARMA                      ..... Petitioner
                     Through Mr. B.S. Mann & Mr. H. Singh,
                     Advocates.

                    versus

      LAND ACQUISITION COLLECTOR             ..... Respondent
                     Through Mr. Sanjay Poddar, Advocate.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 24.09.2009

1. Learned counsel for the petitioner states that after the last date of

hearing, TDS certificate has been furnished. It is unfortunate case where

the petitioner had come to the Court and spend time, money and engage

an advocate due to failure of the respondents to issue TDS certificate. In

these circumstances, I deem it appropriate to award cost of Rs.10,000/- to

the petitioner, which will be paid by the respondents. Cost of Rs.10,000/-

will be sent to the petitioner by cheque through registered post within a

period of four weeks. It will be open to the respondents to have an

enquiry and recover cost from the officer responsible for the said default.

2. Respondents will also ensure that TDS certificates are issued and

sent as per the Income-Tax Act, 1961. In case any further default comes

to notice of the Court, action will be taken against the respondents as per WPC NO.11466-2009 Page 1 law and Income-Tax Department will be asked to look into the matter for

initiation of appropriate proceedings. It will be the responsibility of the

Land Acquisition Collector to ensure that the provisions of the Income-Tax

Act, 1961 are complied with. Copy of this order will be also sent to the

Divisional Commissioner and Commissioner of Income-Tax (TDS).

Commissioner of Income-Tax (TDS) will ensure that the respondents are

complying with the provisions of the Income-Tax Act, 1961.

The writ petition is disposed of.

Copy of this order be given dasti to the learned counsel for the

respondent.

SANJIV KHANNA, J.

SEPTEMBER 24, 2009 VKR

WPC NO.11466-2009 Page 2