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Arvind Kumar vs New Delhi Municipal Council & Anr.

Arvind Kumar vs New Delhi Municipal Council & Anr.

Type Court Judgment Court Delhi Orders Decided Apr 30, 2026
~2 min read
https://sooperkanoon.com/case/1263470

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Citation
Court
Delhi Orders High Court
Judge
Decided On
Case Number
W.P.(C)/5903/2026
Subject
Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue
Right to Information

Parties & Advocates

Appellant / Petitioner

Arvind Kumar

Advocate Mr. Pradeep Kumar Mathur, Mr. Chiranjeev Johri

Respondent

New Delhi Municipal Council & Anr.

Advocate Mr. Saurabh Seth, Mr. Ravi Krishan Chandna, Mr. Udbhav K. Garg, Mr. Siddhant Choudhary, Ms. Avni Singh, Mr. Vaibhav Sharma

Excerpt

.....& anr. .....respondents through: mr. saurabh seth, mr. ravi krishan chandna, mr. udbhav k. garg and mr. siddhant choudhary, advocates for ndmc. ms. avni singh and mr. vaibhav sharma, advocates for gnctd.coram:hon'ble mr. justice amit bansalorder% 30.04.20261. the present writ petition has been filed seeking quashing of thedemand notice dated 16th october, 2023 issued by the respondent no.1/ndmc in respect of property bearing no. b-309, statesman house, new delhi (property id p- 13175) (hereinafter the ‘subject property’).2. counsel appearing on behalf of the petitioner submits that property tax on the subject property cannot be levied as the property is freehold.3. there is nothing in the ndmc act, 1994, to indicate that freehold properties are not subject to payment of property tax. hence, this contention is completely misconceived and is rejected. w.p.(c) 5903/2026 page 1 of 24. next, it is contended on behalf of the petitioner that the petitioner isentitled to remission of property tax for the period after june, 2020, as the subject property has remained vacant since then. in this regard, he has sent various communications to ndmc claiming vacancy remission (annexure p-3), which have not been considered.5. in view of the above, the present writ petition is disposed of whiledirecting the respondent no.1/ndmc to grant a personal hearing to the petitioner in respect of entitlement of the petitioner to the vacancy remission. the petitioner shall file a fresh representation in respect of his claim for vacancy remission within one (1) week from today.6. the hearing will be held on 20th may, 2026 at 3:00 pm before the director (tax), ndmc, palika kendra, new delhi.7. in the meanwhile, without prejudice to the rights and contentions of the parties, the petitioner shall deposit a sum of rs.1.5 lacs with the ndmc towards the demand raised within one (1) week from today.8. pending application stands disposed of. amit bansal, j april 30, 2026 vivek/- w.p.(c).....

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5903/2026 & CM APPL. 28957/2026 ARVIND KUMAR .....Petitioner Through: Mr. Pradeep Kumar Mathur and Mr. Chiranjeev Johri, Advocates.

versus

NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through: Mr. Saurabh Seth, Mr. Ravi Krishan Chandna, Mr. Udbhav K. Garg and Mr. Siddhant Choudhary, Advocates for NDMC. Ms. Avni Singh and Mr. Vaibhav Sharma, Advocates for GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

ORDER

% 30.04.2026

1. The present writ petition has been filed seeking quashing of the

demand notice dated 16th October, 2023 issued by the respondent no.1/NDMC in respect of property bearing No. B-309, Statesman House, New Delhi (Property ID P- 13175) (hereinafter the ‘subject property’).

2. Counsel appearing on behalf of the petitioner submits that property tax on the subject property cannot be levied as the property is freehold.

3. There is nothing in the NDMC Act, 1994, to indicate that freehold properties are not subject to payment of property tax. Hence, this contention is completely misconceived and is rejected. W.P.(C) 5903/2026 Page 1 of 2

4. Next, it is contended on behalf of the petitioner that the petitioner is

entitled to remission of property tax for the period after June, 2020, as the subject property has remained vacant since then. In this regard, he has sent various communications to NDMC claiming vacancy remission (Annexure P-3), which have not been considered.

5. In view of the above, the present writ petition is disposed of while

directing the respondent no.1/NDMC to grant a personal hearing to the petitioner in respect of entitlement of the petitioner to the vacancy remission. The petitioner shall file a fresh representation in respect of his claim for vacancy remission within one (1) week from today.

6. The hearing will be held on 20th May, 2026 at 3:00 PM before the Director (Tax), NDMC, Palika Kendra, New Delhi.

7. In the meanwhile, without prejudice to the rights and contentions of the parties, the petitioner shall deposit a sum of Rs.1.5 lacs with the NDMC towards the demand raised within one (1) week from today.

8. Pending application stands disposed of. AMIT BANSAL, J APRIL 30, 2026 Vivek/- W.P.(C) 5903/2026 Page 2 of 2

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