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1987 Supreme(SC) 662

M.M.DUTT, RANGANATH MISRA
Common Cause (A Registered Society) – Appellant
Versus
Union Of India – Respondent


Advocates:
HARISH N.SLAVE, K.L.RATHI, PRAMOD DAYAL, R.B.DATAR, RANJIT GHOSAL, S.BALAKRISHNAN

ORDER :- A three-Judge Bench of this Court in the case of Dr. Balbir Singh v. Municipal Corporation, Delhi, (1985) 2 SCR 439: (AIR 1985 SC 339) elaborately examined the provisions of the Delhi Municipal Corporation Act of 1957 for the purpose of ascertaining the manner of determination of "rateable value" which was necessary for making assessment of property tax under that Act. This Court classified the properties into four categories :-

(1) self-occupied ;

(2) partly self-occupied and partly tenanted;

(3) restrictive leasehold on which construction is raised; and

(4) where the property has been constructed in stages.

So far as the fourth category is concerned (and these applications are concerned with that) this Court said (at p. 355 of AIR) :-

"The fourth category of premises we must deal with is the category where the premises are constructed in stages. The discussion in the preceding paragraph of this judgment provides an answer to the question as to how the rateable value of this category of premises is to be determined when the premises at the first stage of construction are to be assessed for rateable value, the assessing authorities would first have to determine the standard rent










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