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1999 Supreme(SC) 759

M.B.SHAH, D.P.WADHWA
Food Corporation Of India – Appellant
Versus
Municipal Committee, Jalalabad – Respondent


Judgment

D.P Wadhwa, J.-Food Corporation of India (‘Corporation’ for short) is aggrieved by the judgment dated December 13, 1994 of the Division Bench of the Punjab and Haryana High Court dismissing its writ petition challenging the order of assessment of its properties under the Punjab Municipal Act by the second respondent, the Municipal Committee, Jalalabad, District Ferozpur in the State of Punjab.

2. It is contended before us that the Corporation is exempt from taxation under Article 285 of the Constitution and that valuation and assessment of the properties has been completed without taking into account the provisions of Section 3 of the Punjab Municipal Act under which house tax is to be arrived at on the basis of the “annual value” on which the properties can be let.

3. High Court has held that assessment of the property tax was based on agreed fair rent as stated by the Municipal Committee. There is no challenge to this averment by the Corporation. It is, therefore, difficult for us to hold that the agreed rent is not the fair rent and that there has been any violation of the provisions regarding fixation of annual value. This contention of the Corporation must fail.

4. The ap


















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