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N.D.M.C. and ors. Vs. Tanvi Trading and Credit Pvt. Ltd. and ors.

Court : Supreme Court of India

Reported in : 152(2008)DLT117(SC); JT2008(10)SC109; 2008(11)SCALE742; (2008)8SCC765

..... 4154 of 2000, whereby it is held that the order rejecting building plans submitted by the respondents is illegal as well as without jurisdiction and declared that the building plans submitted by the respondents, are deemed to have been sanctioned under section 241(2) of the new delhi municipal council act, 1994 (for short 'ndnc act'). ..... the parliament has enacted the delhi development act, 1957 and the new delhi municipal council act, 1994. ..... on july 27, 1993 objections were invited to the zonal development plan whereas on may 25, 1994 the new delhi municipal council act, 1994 came into force.5. ..... further, the new delhi municipal council is directed to return the building plans submitted by the respondents with an endorsement 'sanctioned' within the time specified in the order.3. ..... on 20.4.1998, the respondents approached the new delhi municipal council ( 'the ndmc' for short) to sanction the building plans for construction of two and a half storey building having 15 dwelling units. ..... the ministry of urban development, government of india, had imposed temporary ban on construction of multi-storeyed buildings in new delhi including areas under the delhi development area and delhi municipal council falling in south delhi, with effect from 17.10.1985, till the master plan for delhi - 2001 was finalized. .....

Avat Ram Mamtani Vs. N.D.M.C.

Court : Delhi

Reported in : 2007(96)DRJ366

..... thereafter, the petitioner received the impugned demand notice dated 18.1.2005 stating that it was a being demand for property tax under section 100 of the new delhi municipal council act, 1994. ..... 46, municipal market, jan path, new delhi, challenges the demand notice dated 18.1.2005 issued by the new delhi municipal council ('ndmc'), calling upon him to pay rs. ..... the fact that he had given the no objection on 22.3.1994, the fact that the son of the petitioner on 9.5.1994 made the security deposit, signed the license deed and paid the municipal charges, is all not denied. ..... by a letter dated 4.5.1994, the son of the plaintiff was informed that he should visit the office of the ndmc within 7 days for executing fresh license deed, affidavit to the effect that he did not own any shop in delhi, to make a fresh security deposit of rs. ..... the case of the petitioner is entirely different as he parted with the possession of his son after completion of all the required formalities of the council.14. ..... nevertheless in paragraph 14, it is stated as under:ndmc can consider his request for addition of the name along with his son if the petitioner undertakes to clear the outstanding dues and further pay the enhanced license fee as per policy of the council. ..... thereafter it is contended in para 11 as under:it is further submitted that as per policy of the council framed vide resolution no. .....

Sir Sobha Singh and Sons (P) Ltd. Vs. New Delhi Municipal Council

Court : Delhi

Reported in : 1996IVAD(Delhi)56; 63(1996)DLT319; 1996(38)DRJ191

..... (5) we agree with the learned single judge that ordinarily an assessed feeling aggrieved by an order of assessing the rateable value of his property and fixing the tax livable thereon under chapter viii of the new delhi municipal council act, 1994 should be left free to pursue, rather driven to the necessity of pursuing, the remedy of appeal available to him under the act-and a writ petition under article 226/227 of the constitution would not be an appropriate remedy. ..... (18) for the purpose of chapter viii of the new delhi municipal council act, 1994, the term 'rent' must be assigned a wider meaning. ..... the case at hand involves interpretation of relevant, provisions of law and calls for setting at rest a controversy which is troubling the assessors and collectors, the municipal council/corporation and a number of assessees. ..... rent from such person or otherwise expresses assent to the continuance of his possession, a new tenancy comes into existence as is contemplated by section 116, transfer of property act, and unless there is an agreement to the contrary, such tenancy would be regarded as one from year to year or from month to month in accordance with the provisions of section 116 of the act,'(13) though the tenant has not handed over possession to the landlord still a disability by virtue of section 116 of the evidence act attaches with him; he cannot deny title .....

Indian Hotels Co. Ltd. and anr. Vs. New Delhi Municipal Council and or ...

Court : Delhi

Reported in : 1996IIIAD(Delhi)299; 63(1996)DLT163

..... on 8.1.95, the respondent-ndmc issued a public notice that the assessment list for the year 1995-96 of the lands and building in the ndmg area had been prepared pursuant to section 70 read with sections 72-73 of the new delhi municipal council act, 1994 (hereinafter ndmc act, for short). ..... 1 can be assessed in accordance with the principles laid down in section 6 of the delhi rent control act or the same has to be assessed in accordance with section 9 of the said act their lordships held :- (1)the definition of premises as contained in section 2(i) of the act includes a hotel and the various provisions contained in the said act apply to hotels. ..... a doubt in the mind how a hotel-building not let out as a unit would be liable to be assessed for rateable value by finding out standard rent by reference to section 6(l)(b)(b) of the delhi rent control act, because it speaks of standard rent in relation to premises other than residential premises let out at any time on or after the 2nd day of june, 1944 but the rent of such premises has not been fixed under the delhi & ajmer marwar rent control act, 1947 or the delhi & ajmer rent control act, 1952. ..... 45,90,88,196.00 less 10% for the year 1994-95 on the basis of chapter-v of the delhi rent control act. ..... it may be noticed here itself that this was the annual rateable value appointed also for the year 1994-95 on the basis of chapter v of delhi rent control act. .....

Shipra Singh Vs. New Delhi Municipal Committee

Court : Delhi

Reported in : 62(1996)DLT120

..... (6) learned counsel for the petitioner has invited my attention to section 116 of the new delhi municipal council act, 1994 in support of his contention that the remedy provided under the act is inefficacious as it imposes the condition for deposit of the amount of tax demanded by the municipal corporation and thus it affects substantive right of appeal under section 115 of the act. ..... (3) at the outset i must make it clear that the new delhi municipal council act is a complete code in itself. ..... 42-44/87 new delhi municipal committee v. ..... it was further contended that section 115 of the act makes no provision with regard to the refund of the deposits by the corporation in the event the appellate authority holding that the annual rateable value was less than the assessed, and there is, thus deprivation of property without due authroity. ..... 11/90, connaught circus, new delhi at rs.l5,14,533.00 less 10% for the year 1995-96. ..... it lays down the procedure for assessing the property of the said act providing the machinery to resolve the dispute pertaining to the levy assessment or collection of property tax and proceed to exercise its extraordinary jurisdiction at the initial stage. ..... according to the learned counsel for the respondents, the ndmc act provides an effective forum to resolve the dispute pertaining to the levy and assessment of property tax and the petitioner should exhaust the said alternative statutory remedy before invoking extraordinary jurisdiction of this court. .....

New Delhi Municipal Council Vs. Ashok Kumar Ahuja

Court : Delhi

Reported in : 154(2008)DLT50; 2009LC(DEL)773

..... it is, therefore, stated that the plaint is barred by limitation as prescribed under the limitation act and under section 363 of the new delhi municipal council act 1994. ..... the provisions of section 363 are para materia with section 455 of the delhi municipal corporation act 1957. ..... after the expiry of three years from the date on which such sum becomes due ..... 363:- in any case not expressly provided for in this act or any bye-law made there under any sum due to the council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this act.provided that no proceedings for the recovery of any sum under this section shall be commenced .....

New Delhi Municipal Council Vs. Anil Kumar Khanna

Court : Delhi

Reported in : 142(2007)DLT173

..... the petitioner claims that the respondent failed to disclose this information in response to a notices issued to him under section 77 of the new delhi municipal council act 1994 ('ndmc act') for the assessment years 1998-99 and also 1999-2000. ..... this writ petition filed by the new delhi municipal council (ndmc) challenges an order dated 7.12.2004 passed by additional district judge (adj) delhi in house tax appeal no. ..... on the analogy of the provisio to section 72, the learned adj held that the self-assessment proforma filed under section 77 of the act 'is not to relate to the period prior to the period for the purposes of which the return has been filed'.5. ..... the contention of the petitioner is that there was a willful suppression of the above fact by the petitioner in response to the earlier notice under section 77 and under section 77(3) of the act if there is a failure to give information then in addition to penalty, the assessed would be precluded from objecting to any assessment made by the chairperson in respect of such land or building of which he is the owner or occupier. ..... by the impugned judgment the learned adj allowed the appeal filed by the respondent herein against an assessment order dated 5.8.2004 passed by the assessing officer re-fixing the rateable value in respect of the property at 9, jor bagh, delhi retrospectively from 1.6.1995 at rs. .....

P.S. Aggarwal Vs. N.D.M.C.

Court : Delhi

Reported in : 61(1996)DLT883

..... for the petitioner has invited my attention to section 116 of the new delhi municipal council act, 1994 in support of his contention that the remedy provided under the act is inefficacious as it imposes the condition for deposit of the amount of tax demanded by the municipal corporation and thus it affects substantive right of appeal under section 115 of the act. ..... (3) at the outset i must make it clear that the new delhi municipal council act is a complete ..... in my opinion, the subclause (b) of section 116 of the act does not make the approval provisions nugatory or illusory but by his own default to comply with the conidition of deposit the appellant may fail to avail of the remedy by way of appeal.it i was further contended that section 115 of the act makes no provision with regard to the refund of the deposits by the corporation in the event the appellate authority holding that the annual rateable value was less than the assessed, and then is, thus deprivation of ..... the constitution are filed solely for the purpose of obtaining interim orders and thereafter prolong the proceedings by one device or the other the practice certainty needs to be strongly discouraged,(4) in municipal corporation of delhi v. ..... according to the learned counsel for the respondents, the ndmc act provides an effective forum to resolve the dispute pertaining to the levy and assessment of property tax and the petitioner should exhaust the said alternative statutory remedy before invoking extraordinary .....

Raman K. Sawhney Vs. Chairperson, Ndmc and anr.

Court : Delhi

Reported in : 100(2002)DLT546

..... 1 council under section 72(2) of the new delhi municipal council act, 1994 (hereinafter referred to as the said act) as also the inclusion of the interest factor on security deposit and advance rent beyond a period of ix moths.2. ..... the matter in issue related to the notice under section 126 of the delhi municipal corporation act, 1957. ..... the delhi municipal corporation income accruing on the security deposit so received and further to permit such frictional or actual income to be regarded as a part of the rent receipt. ..... 513, ashoka estate, barakhamba road, new delhi and the rateable value of the same was sought to be enhanced w.e.f. ..... the supreme court was concerned with the validity of the notice of no confidence against the president of the municipality under the mysore town municipalities act, 1951. ..... as to the second contention, the learned counsels for the petitioners has placed reliance on the division bench decision of this court in municipal corporation of delhi v. ..... learned counsel for the petitioner also referred to the judgment of the supreme court in municipal corporation of delhi v. ..... the issue of inclusion of interest factor of such a situation was dealt with by the division bench by reference to two earlier division bench judgments of this court in municipal corporation of delhi v. .....

Om Prakash Singh Vs. New Delhi Municipal Council and ors.

Court : Delhi

$~34 * in the high court of delhi at new delhi + w.p.(c) 7525/2013 & cm appl. no.16090/2013 om prakash singh through: ..... petitioner mr.r.k. saini, advocate versus new delhi municipal council & ors through: ..... respondents mr. vivek sood, advocate coram: hon'ble mr. justice sudershan kumar misra sudershan kumar misra, j.(oral) 1. this petition impugns the show cause notice dated 06.11.2013 under section 247 of the new delhi municipal council act, 1994, issued to the petitioner in respect of construction of a room, kitchen and toilet in an area approximately 32 x20