Court : Delhi
Reported in : 2003VAD(Delhi)281; 106(2003)DLT164; 2003(70)DRJ357
..... the building in question is situated in delhi and it is, thereforee, governed by the delhi municipal corporation act as well as by the delhi rent control act, and the determination of the rateable value has to be in accordance with both the enactments. ..... section 121 of the delhi municipal corporation act, 1957 ( hereinafter to be referred to as, 'the municipal act' ) was held as not applicable, since the same deals with apportionment of the liability for property tax when the premises assessed is let or sub-let and not that the assessing authority can take ..... in corporation of calcutta's case (supra), the supreme court was concerned with determination of annual value of premises under the calcutta municipal corporation act, 1923 and it was held that the maximum limit of annual value is still annual standard ..... of 2002 titled 'municipal corporation of delhi v. ..... vohra's case (supra), which in fact relied upon the judgment of the supreme court in corporation of calcutta's case (supra) proceeded on the basis that it is the municipal act as well as the rent act both which will determine the rateable value of a building situate in delhi and the said rateable value has to be in accordance with both the ..... it is also relevant to note that the delhi municipal corporation (determination of rateable value) bye-laws, 1994 ( hereinafter to be referred to as, `the said bye-laws' ) were enacted and brought into force vide notification dated 24.10.1994. ..... 01.04.1989 vide order dated 03.03.1994 and at rs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC430; JT1994(7)SC159; 1994(4)SCALE695; (1995)1SCC47; [1994]Supp5SCR180
..... the question of law that arises for consideration in this appeal is whether the municipal corporation of delhi (hereinafter referred to as 'the corporation') in absence of any provision in the delhi municipal corporation act, 1957 (hereinafter referred to as 'the act') was entitled to sanction the plan for building activities with condition that the open space for parks and schools be transferred to the corporation free of cost.2. ..... delhi municipal corporation, .3. ..... yet in order to protect interest of the owners of house and residents of the colony it is directed that the order of the high court shall stand modified to the following effect:(1) the corporation shall have right to manage the land which was earmarked for school, park etc. ..... one, against the dismissal by the appellate court of the appeal filed by it assailing the finding recorded by the trial court that the corporation had no right to ask the plaintiff to transfer to it sites for parks and schools free of cost. ..... the corporation has been given the right to examine that the lay-out plan is not contrary to any provision of the act or the rules framed by it. ..... in absence of any provision, therefore, in the act the open space left for school or park in a private colony cannot vest in the corporation. ..... there is no provision in this chapter or any other provision in the act which provides that any space reserved for any open space or park shall vest in the corporation. .....
Tag this Judgment!Court : Delhi
Reported in : 110(2004)DLT452; 2004(73)DRJ546
..... mcd has assailed the order of the learned additional district judge dated 18.9.2002 allowing the appeal of the respondent/assessed which had been filed under section 169 of the delhi municipal corporation act, 1957 (hereinafter referred to as `the dmc act`). ..... municipal corporation ..... municipal corporation of delhi, : ..... municipal corporation of delhi decided on 11.9.2003 has not considered it essential that the person/noticee should not be found or be available at the site, as a prerequisite for resort to be taken to ..... 1999crilj5001 where the notice sought to be treated as having been affixed under the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, the provision of which are less onerous than the mcd act, was held not to have been legally effected, since it was not established that the person could not be found. ..... this clause contemplates three methods by which an assessed can be served with any notice under the act:-(i) the noticee can be served on the individual in person, or (ii) if such person cannot be found, it can be affixed on some conspicuous part of the concerned building, or (iii) it can be sent by registered ..... the respondent however, states that a division bench of this court in lpa no.118/1994 entitled k.l. ..... : 55(1994)dlt391 (db) ..... , : 56(1994)dlt720 where it had been observed that affixation could be adopted only if it is clear that the person concerned cannot be found at the address, and since no specific finding has been endorsed by the mcd to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1994)108PLR347; 1994Supp(3)SCC316
..... the short and the only question that arises for consideration in these appeals is whether the godowns situated within municipal limits owned by the appellant, a corporation established under section 3 of the warehousing corporation act, are liable to pay property tax under the municipal corporation act (in brief the act) or it is exempt either under section 135 of the act or under article 285 of the constitution of india.2. ..... the appellant challenged the levy of tax by the municipal corporation of mansa under punjab municipal corporation act, 1976 and claimed that since it was a property of union of india within the meaning of article 285 and section 96 of the municipal corporation act no tax could be levied on it. ..... a corporation is defined under the act to mean the municipal corporation. ..... further the latter part of the section makes it clear that it excludes any corporation other than municipal corporation as no tax is leviable by any corporation except the municipal corporation. ..... in the absence of any express or implied indication the word corporation as provided in the definition clause has to be understood as the municipal corporation. ..... the appellant's godowns were subjected to tax under tamil nadu district municipalities act, 1920 (for short the act). ..... therefore, it cannot apply to a corporation like the appellant constituted under the act. ..... corporations established under the act may be an instrumentality of the state yet it has a separate and independent identity. .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT442; 2002(65)DRJ586
..... arose in view of the orders passed by the additional district judge, delhi in various house tax appeals filed under section 169 of the delhi municipal corporation act, (in short the act) against the orders passed by the assessing officers in terms whereof rateable value of the properties in question were enhanced on the ground that the said constructions do not come within the definition of 'building' attracting house tax under the said act.3. ..... section 120(1)(c) of the delhi municipal corporation act would not be attracted in ..... structures can be termed as a land within the meaning of delhi municipal corporation act or not? ..... appeal the following questions were raised:(a) whether such steel structures are buildings within the meaning of delhi municipal corporation act or not? ..... aforementioned premises is required to be considered and determined as to whether the agreement should be interpreted as lease or license having regard to the object sought to be achieved by the provisions of delhi municipal corporation act.33. ..... as noticed hereinbefore in the case of municipal corporation of greater bombay (supra), even an oil tanker has been held to be building which having regard to the statutory interpretation in other statutes it might not have been ..... chandrakant gordhandas shah : (1994)6scc271 , an instrument was held to be a deed of lease as the lessee was conferred right to exclusive possession where for various terms of the indenture which were taken into consideration for finding out .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1547
..... the appellant has challenged the notice served on it by respondent under section 260(1) and (2) of the bombay provincial municipal corporations act [hereinafter referred to as 'the act'] on the ground that the said notice is illegal and without any justification and prayed for declaration to that effect ..... ahmedabad municipal corporation reported in 1996 (3) ..... municipal corporation of the city of ahmedabad reported in 1995 (2) g.l.h. ..... nanavati has extensively relied on the decision rendered by the division bench of this court in the case of ahmedabad municipal corporation v/s. ..... municipal corporation, delhi [ ..... municipal corporation of delhi reported in 1995 suppl. (4) s.c.c. ..... it is the say of the appellant that the respondent, without granting any opportunity of hearing, served the appellant with another notice dated 30th october, 2002 under section 267(2) of the act calling upon it to stop the construction forthwith, failing which the commissioner of respondent would take steps to remove the occupiers and also would take steps to prevent the re-entry of such ..... has further submitted that apart from the no objection certificate, there are about 45 irregularities which have been committed by the appellant by non-compliance with the provisions of the act as well as the general development control regulations [gdcr] and, therefore, it is not possible for the respondent to approve the plans or grant the sanction to the appellant ..... surat municipal corporation reported in 1994 (2) g.l.r. at .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)305; 64(1996)DLT237
..... and section 19 of the delhi municipal corporation act ('dmc act' for a short). ..... according to the learned counsel municipal corporation is not levying any tax on ..... the terms and conditions of the agreement dated january 3, 1978 executed in between the municipal corporation of delhi and m/s. ..... municipal corporation ..... delhi municipal corporation and ..... his argument has led me i through para 19 of the judgment reported in municipal corporation of delhi v. m/s. ..... municipal corporation ..... that seems to me to be consistent only with the fact that this transaction was in truth a license transaction and not a tenancy under corporation of delhi which the defendants would obtain an exclusive right to possession of the property during the term of the tenancy, subject, to course, to ..... contention in between the parties is as to whether the petitioner are a licensee within the meaning of section 52 of the indian easement act, 1882 or a lessee as defined in section 105 of the transfer of property act (7) since we are concerned with the construction of section 105 of the transfer of property act and section 52 of the easement act it would be in the fitness of things to examine the provisions of the said sections before embarking upon a detailed discussion of law ..... municipal corporation of delhi & others 1994 4 ad (delhi) 247 the interest of a lessee of the government can be subject matter of property tax and when, such interest is being taxed, it cannot be said that the residuary interest of the landlord (union .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR2298
..... of 1979 decreeing the plaintiff's suit, is before this court, submitting, inter alia, that the two courts below did not properly appreciate the provisions of sections 254, 260 and 478 of the bombay provincial municipal corporations act, 1949.3. ..... in the matter of municipal corporation of ahmedabad v. ..... the present appellant's officer, on inspection, found that the respondent, an occupant in the premises was making a new construction of 6'x 4.8' on otta [outer platform of house] and the said construction was without any permission from the municipal corporation. ..... , filed its written statement, inter alia, submitting that notice under section 478 was absolutely legal, construction made by the present respondent [plaintiff] was illegal, without any permission under section 254 of the act and as such, the present appellant-municipality was entitled to issue notice requiring the plaintiff to remove the said illegal and unauthorized construction. 4. ..... in absence of any cogent evidence, the learned courts below could not hold that the construction was old and the plaintiff was simply repairing the same, specially when the notice issued by the municipality and the commissioner's report showed that the construction was of different size. 15. ..... 1994 [1] glr 377, this court has held that the demolition of a structure entails serious consequences on the rights of the owners and occupiers and may affect livelihood if any vocation is carried out in such place. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1997(3)SC195; (1997)9SCC220; [1997]2SCR201
..... however, the tenancy was determined by order dated december 24,1994, thereafter, summary proceedings were initiated under section 105-b(1) of the bombay municipal corporation act (for short, the 'act') and eviction order was passed. ..... municipal corporation of greater bombay and anr. ..... be that as it may, the question is : whether the petitioner can be treated as 'unauthorised occupant' within the meaning of section 105-b (1)(b) of the act which reads as under:105-b(1) where the commissioner is satisfied -(b) that any person is in unauthorised occupation of any corporation premises:the commissioner may not withstanding anything contained in any law for the time being in force, by notice (served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, in such ..... but the non obstante clause contained in the main part of section 105-b(1) takes out the wind from the sail of the rigour of the law and enables the corporation-respondent to terminate the tenancy and take back possession. ..... in this case, it is pleaded that the corporation needs the premises for expansion of the existing bus stand ..... this definition shows that occupation of corporation premises without authority for such occupation is an unauthorised occupation ..... it is true that under the transfer of property act or the rent act, the contractual or statutory tenancy is required to be determined for non-compliance of any of the conditions of the contract or the statute envisaged thereunder .....
Tag this Judgment!Court : Delhi
Reported in : AIR1995Delhi17; 1994(30)DRJ49
..... the common man, the cheapest of all the juices, faces the ire ofextinction from availability in delhi in view of the notice dated 12-4-1994 issued in exercise of power conferred by section 383 of the delhi-municipal corporation act, 1957.2. ..... of the delhi municipal corporation act, 1957 (hereinafter the act, for short). ..... by the public notice dated 12-4-1994 issued by the commissioner, municipal corporation of delhi which reads as under:'whereas the undersigned is satisfied that the area falling within the jurisdiction of municipal corporation of delhi may be threatened by an outbreak of dangerous disease as specified in section 2(9) of the dmc act, 1957 (67 of 1993) ..... authority of likely threat of an outbreak of dangerous diseases within the meaning of section 2(9)of the act having persuaded the authority in imposing the prohibition on the sale of sugar cane juice within the territory of municipal corporation of delhi. ..... discharge the onus which lay on them within the meaning of the law laid down in municipal corporation of ahemdabad's case : [1986]2scr700 (supra).15. ..... be discharged in municipal corporation of the city ..... a balance between the freedom of trade guaranteed as a fundamental right io every citizen and the restriction and prohibition contemplated by section 383 of the act, it is necessary that the corporation must be possessed of relevant material enabling formation of an opinion amounting to satisfaction that an outbreak of any dangerous disease has already taken place or .....
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