Delhi High Court
Sh. Rajesh Sachdeva vs North Delhi Municipal ... on 25 March, 2021
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 25.03.2021
+ W.P.(C) 3842/2021 & CM. APPLS. 11577-78/2021
SH. RAJESH SACHDEVA
..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER
..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Shailendra Babbar, Advocate with Mr.
Avinash Das, Advocate.
For the Respondent: Ms. Mini Pushkarna, Standing Counsel, North
DMC with Ms.Khushboo Nahar, Ms. Latika
Malhotra, Advocates and Mr. Sushil Kumar
Tomar, Section Officer, Property Tax Department,
Keshavpuram Zone
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks quashing of assessment order dated 19.2.2021 and the
consequential bill raised thereafter with regard to property No.12, Kapil Vihar,
Signature Not Verified
Digitally Signed By:KUNAL
Signing Date:26.03.2021 21:48:52
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Pitampura, Delhi-110034.
2. Learned counsel for the petitioner submits that the suo motu assessment
under Section 123-D has been done after issuance of alleged notice dated
19.01.2021. He submits that no such notice was ever received.
3. Learned counsel further submits that that there is a factual error in the order
inasmuch as the order records that there is a third floor constructed on the building
whereas there is no third floor in the building.
4. Issue notice. Notice is accepted by learned counsel appearing for the
respondent.
5. Learned counsel for the respondent submits that the assessment order has
been passed as nobody appeared on behalf of the petitioner d espite notice being
sent to the petitioner. She under instructions from Mr. Sushil Kumar Tomar,
Section Officer, Property Tax Department, Keshavpuram Zone submits that
without prejudice, the respondent/Corporation is willing to give an opportunity of
hearing to the petitioner and then pass a fresh assessment order.
6. In view of the above, the impugned order dated 19.02.2021 and all
consequential actions thereafter are set aside.
7. Respondent/Corporation shall furnish a copy of notice dated 19.01.2021 to
the petitioner within three working days. A copy, in addition, be sent to learned
counsel for the petitioner. Petitioner shall thereafter file a response to the notice
dated 19.01.2021 within two weeks from the date of supply of the copy of the
notice.
8. Thereafter, respondent/Corporation shall pass a fresh speaking order after
giving an opportunity of personal hearing to the petitioner.
Signature Not Verified
Digitally Signed By:KUNAL
Signing Date:26.03.2021 21:48:52
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. The petition is allowed in the above terms.
10. Dasti under signature of the Court Master.
SANJEEV SACHDEVA, J
MARCH 25, 2021
NA
Signature Not Verified
Digitally Signed By:KUNAL
Signing Date:26.03.2021 21:48:52
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
