New Delhi Municipal Council Etc. Etc. vs Association of Concerned Citizens of New Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 51

A.K.SIKRI, ASHOK BHUSHAN
New Delhi Municipal Council Etc. Etc. – Appellant
Versus
Association of Concerned Citizens of New Delhi – Respondent

Advocates:
Advocate Appeared:
Mr. Sanjay Jain, Mr. Yoginder Handoo, Ms. Rhea, Mr. Arjun Mitra, Mr. Nishant Kumar, Mr. Prashant Bhatnagar, Mr. E.C. Agrawala, Mr. Trideep Pais, Mr. N.K. Verma, Mr. Pranav Jain, Ms. Anjana Chandrashekar, Mr. Jayant Kumar Mehta, Ms. Ruby Singh Ahuja, Mr. Shravan Sahny, Mr. Nakul Gandhi, Ms. Sonali Jain, M/s. Karanjawala & Co., Mr. Saurabh Mishra, Mr. Sachit Jolly, Ms. Anuradha Dutt, Ms. B. Vijayalakshmi Menon, Mr. Kunal Dutt, Ms. F.D. Sethna, Mr. Bharat Bhushan Jain, Mr. Abhay Kumar, Mr. Abhay Jain, Mr. Saurabh Mishra, Mr. Vineet Kumar Singh, Mr. Himanshu Pal Singh, Ms. Aditi Gupta, Ms. Rakhi Ray, Mr. Sanjeev Anand, Mr. Naresh Kumar, Mr. Sangram Patnaik, Swayamsidha, Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Bharath Gangadharan, Mr. K. Kant Kapoor, Mr. Hitesh Kumar Sharma, Ms. Madhumita Varma, Ms. Manju Jetley, Mr. Kabir Dixit, Mr. Inaheb Hussaini, Ms. Aasita

JUDGMENT :

A.K. Sikri. J.

Leave granted.

Introductory Remarks:

2. These appeals are filed by New Delhi Municipal Council (NDMC) against the judgment dated August 10, 2017 rendered by High Court of Delhi in a batch of writ petitions which were filed by the persons who have their houses/properties in NDMC area. Some of the petitions were by the associations of residents as well (hereinafter referred to as the "assessees/respondents"). In those writ petitions filed by the assessees they had challenged the constitutional validity of NDMC (Determination of Annual Rent) Bye-laws, 2009 (hereinafter referred to as the 'impugned Bye-laws'). These Bye-laws changed the earlier regime of determining the rateable value for the purposes of levying property tax. These Bye-laws seek to alter the earlier system of determining the rateable value on the basis of he annual rent at which the land or buildings may reasonably be expected to be let from year to year. On that basis annual rent used to be fixed and a particular percentage was prescribed for the purposes of payment of property tax. The impug

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2019 Supreme(SC) 51

A.K.SIKRI, ASHOK BHUSHANNew Delhi Municipal Council Etc. Etc. – AppellantVersusAssociation of Concerned Citizens of New Delhi – Respondent

Cases Referred (15)

A.K.SIKRI, ASHOK BHUSHAN
New Delhi Municipal Council Etc. Etc. – Appellant
Versus
Association of Concerned Citizens of New Delhi – Respondent