Delhi High Court
Dr Indraneel Mittra vs New Delhi Municipal Council on 17 May, 2021
$~8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.05.2021
+ W.P.(C) 4513/2021 & CM APPL.13797-98/2021
DR INDRANEEL MITTRA ..... Petitioner
versus
NEW DELHI MUNICIPAL COUNCIL .....Respondent
Advocates who appeared in this case:
For the Petitioner: Ms. Priyadeep, Advocate.
For the Respondent: Mr. Sriharsha Peechara, Additional Standing Counsel, NDMC.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns assessment order dated 16.12.2020. Learned
counsel for the petitioner submits that the impugned assessment order relies
on several notices including notice dated 17.03.2012 which notice was was
challenged by the petitioner in W.P(C) 2577/2012 and the said notice was
quashed by order dated 25.07.2012.
3. Learned counsel further submits that the assessment order records
that the rent agreements with the tenants have not been furnished, however,
the order records that in case the petitioner were to submit the documents of
tenancy, the respondents would reconsider the matter. She submits that
petitioner has submitted the relevant tenancy documents to the respondents
Signature Not Verified
after the passing of the impugned order.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:17.05.2021
W.P(C) 4513/2021 Page 1
Signing Date:17.05.2021 19:39:25 18:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Learned counsel further points out that the impugned order records
that after receipt of the notices referred therein no objections were filed by
the petitioner, however, objections were duly filed and copies of the same
are annexed as Annexure 7 (Colly) to this petition and said objections have
not been considered.
5. Learned counsel appearing for the respondents under instructions
submits that impugned order dated 16.12.2020 shall be withdrawn without
prejudice to the rights and contentions of the parties and the department
would reassess the case of the petitioner and pass a fresh assessment order
after taking into consideration the objections filed by the petitioner and
giving an opportunity of hearing to the petitioner.
6. In view of the above, impugned order dated 16.12.2020 is set aside.
Matter is remitted to the respondent Corporation to pass a fresh assessment
order after taking into account the objections and the documents filed by
the petitioner and given an opportunity of hearing to the Petitioner.
7. All rights and contentions of the parties are reserved. This is also
without prejudice to the plea of limitation being taken by the petitioner.
8. Petition is allowed in the above terms.
9. Copy of the Order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J.
MAY 17, 2021/rk
Signature Not Verified
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:17.05.2021
W.P(C) 4513/2021 Page 2
Signing Date:17.05.2021 19:39:25 18:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
