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1996 Supreme(SC) 1641

SUPREME COURT OF INDIA
(Punjab and Haryana High Court)
G B Pattanaik, K Ramaswamy
CHIEF COMMISSIONER, UNION TERRITORY, CHANDIGARH, APPELLANT
VERSUS
JANGI LAL JAIN AND ANOTHER, RESPONDENTS.
Civil Appeals Nos. 3537-58 and 3540 of 1979
decided on October 8, 1996.

Subsequent legislative changes can render a previously contested legal question unnecessary and academic.

Headnote:

Property Tax - Delegation of Power - The court dismissed the appeals, stating that subsequent legislative changes had rendered the question of delegation of power to levy property tax unnecessary and academic.

Fact of the Case:

The Punjab and Haryana High Court held that the delegation of power to levy property tax in favor of the Chief Administrator of the Union Territory of Chandigarh Administration was in excess of legislative power.

Finding of the Court:

The court dismissed the appeals, stating that subsequent legislative changes had rendered the question of delegation of power to levy property tax unnecessary and academic.

Issues: Excess of legislative power in delegation of property tax levy, subsequent legislative changes displacing the effect of previous acts, and the constitutionality of the delegation of power.

Ratio Decidendi: The subsequent legislative changes, including the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, had displaced the effect of the previous acts, rendering the question of delegation of power unnecessary and academic.

Final Decision: The appeals were dismissed, and no costs were awarded.

ORDER

1. These appeals by special leave arise from the judgment dated 19-2-1979 of the Division Bench of the Punjab and Haryana High Court holding that the delegation of power to levy property tax in favour of the Chief Administrator of the Union Territory of Chandigarh Administration was in excess of legislative power. The operation of Schedule II of the Capital of Punjab (Development and Regulation) Act, 1952 (27 of 1952), as amended by Punjab Act 37 of 1957, offends the provisions of the Constitution. On the facts of this case, we think that it is not necessary to decide the question on account of diverse reasons. There is some force in the contention of Shri Madhava Reddy, learned Senior Counsel for the appellant, that the view taken by the High Court is not correct in law. But, prior to 1994 Amendment under Section 62 read with Sections 61 and 68 of the Punjab Municipal Act, 1911, the assessment of the property tax shall be on an annual basis and revisable every year. Now, it is valid for five years and amount for quinquennial. In this case, since it was struck down, revision was not effected. Moreover, even the limitation for recovery of the amount due also is now barred by limitation except for six months. That apart, the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (45 of 1994) which has come into force with effect from 24-5-1994, displaces the effect of Act 27 of 1952 as amended by Act 37 of 1957. The Municipal Corporation, as enjoined under Section 4 of the 1994 Act has yet to be constituted. After coming into force of the 1994 Act, the Chief Administrator has been denuded of the power to levy property tax. In view of these subsequent changes, it is unnecessary, rather academic, to decide the question decided by the High Court in the impugned order. Moreover, the connected appeals CAs Nos. 3536, 3539, 3541-43 of 1979 filed against the main judgment were dismissed by this Court for non-prosecution on 10-5-1995 and became final. Under these circumstances, we think that these are not proper cases to go into the question.

2. The appeals are accordingly dismissed. No costs.

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