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2003 Supreme(SC) 665

RUMA PAL, B.N.SRIKRISHNA
Krishna Mohan Private LTD. – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


JUDGMENT

Srikrishna, J.-These appeals, though arising under different factual backgrounds, raise a common question of law and challenge the correctness of a judgment of the Full Bench of the Delhi High Court. The questions involved in all these appeals are:

"Whether the cost of the plant and machinery installed in or upon a building is includible for the purpose of arriving at the rateable value of the building? and

Whether Section 116(3) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "the DMC Act") vests arbitrary and uncanalised discretion in Commissioner and is, therefore, invalid for excessive delegation of legislative powers?"

Civil Appeal Nos. 3313-3333/2000 & 3335/2000

2. The appellant company owned land in Delhi on which it constructed a cinema complex known as Delite Cinema Complex. The construction was completed in or about the year 1954. The company had installed certain plant and machinery, furniture and fixtures in the said construction of cinema house. By an order made on 30th May, 1988 the first respondent Municipal Corporation of Delhi revised the rateable value of the appellant s property to Rs. 2,16,970/- w.e.f. 1-4-1968, Rs. 2,18,150/- w.e.f.



















































































































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