Siri Fort Road Residents Welfare ... vs Mcd
2010 Latest Caselaw 184 Del

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


+     W.P.(C) 4905/2007


      SIRI FORT ROAD RESIENTS WELFARE
      ASS. & ANR                  .....                 Petitioners
                     Through Mr. R.P. Sharma & Ms. Vineeta, Advocates.

                    versus

      MCD                               ..... Respondent
                             Through Ms. Amita Gupta & Mr. Parveen Kumar,
                             Advocates.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

              ORDER

% 14.01.2010

1. The petitioner No. 1 herein is Siri Fort Road Residents Welfare Association and petitioner No. 2, Mr. C.P. Sabharwal is the President of the said association. By way of present writ petition, the petitioners have prayed for issue of writ of mandamus or appropriate writ that the respondent-Municipal Corporation of Delhi should adhere to the re-classification and declare Siri Fort Bungalows as category C for the purpose of computing property tax under the Unit Area Method.

2. The petitioners have placed reliance on the report submitted by the Hardship and Anomaly Committee recommending re-categorization of Siri Fort Bungalows from category A to category C. It is the contention of the petitioners that the said recommendation was accepted by the Standing Committee vide their resolution No. 55 dated 12th May, 2005 and the said resolution was carried by the Corporation vide resolution No. 195 dated 9th June, 2005. It is also the contention of the petitioners that other recommendations made by the Hardship and Anomaly Committee for colonies like Raghubir Nagar, Rajindra Park, Pant Nagar, etc. have been duly accepted. It is submitted that on the website of Municipal Corporation

WPC NO.4905/2007 Page 1 of Delhi Siri Fort Bungalows have been shown in the category C.

3. The respondent-Municipal Corporation of Delhi in their counter affidavit has clarified that Siri Fort Bungalows were categorized under category A at serial No. 1767 of the property tax guide for the year 2005-06. It is stated that the Hardship and Anomaly Committee pursuant to the representation made by the petitioner association had recommended re-categorization of Siri Fort Bungalows from category A to category C. Thereafter, as per provisions of Section 116K of the Delhi Municipal Corporation Act, 1957, the matter was placed before the Standing Committee/Corporation. The Standing Committee has considered the recommendations made by the Hardship and Anomaly Committee but did not approve of recommendations for downgrading made in the case of Siri Fort Bungalows and Okhla Industrial Area.

4. The respondent-MCD in support of their contention have filed resolution No. 55, which was passed while considering item No. 30 relating re-categorization of colonies/localities under the Unit Area Method. The said resolution reads as under:-

"Item No. 30 :- Re-categorization/new inclusion of colonies/areas/localities under Unit Area Method of Property Tax.

Resolution No. 55 Resolved that it be recommended to the Corporation that the proposal of the Commissioner as contained in his letter No. F.33/A&C/145/C&C dated 2-5-2005, be approved.

While considering the above item, Shri Vijender Kumar Gupta opposed re-categorization of Sirifort Banglows and Okhla Industrial Area. Shri Farhad Suri pointed out that some of the colonies have been omitted in the list resulting into loss of municipal revenue. Keeping in view the sentiments expressed by the members, the Chairman announced to constitute a Sub-

Committee of the following members to look into matter related to re-categorization/new inclusion of colonies/areas/localities under Unit Area Method of Property Tax and to submit its report:-

                      1.    Shri Jitender Kochar, Convenor

WPC NO.4905/2007                                                            Page 2
                       2.    Shri J.K. Sharma
                      3.    Shri Vijender Kumar Gupta"

5. On reading of the aforesaid resolution passed by the Standing Committee, it is clear that recommendations made by the Hardship and Anomaly Committee in respect of the colonies was approved in terms of proposal of the Commissioner dated 2nd May, 2005, except in the case of Siri Fort Bungalows and Okhla Industrial Area. With regard to the said two areas, a committee was formed to go into the question of re-categorization.

6. What was approved by the Municipal Corporation of Delhi vide resolution No. 195 dated 6th June, 2005 is the recommendation made by the Standing Committee vide their resolution No. 55, which has been quoted above. Thus, there is merit in the contention of the respondent-Municipal Corporation of Delhi that the Municipal Corporation of Delhi did not recommend and approve re- categorization of Siri Fort Bungalows from category A to category C.

7. It is a matter of common knowledge that Siri Fort Bungalows are located at a prime location and is a prestigious residential colony in South Delhi, which commands premium. The flats/houses located in the said area are one of the most expensive houses in Delhi. I do not find any merit in the present writ petition and the same is dismissed.

SANJIV KHANNA, J.

       JANUARY 14, 2010

       VKR




WPC NO.4905/2007                                                             Page 3