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2019 Supreme(SC) 886

L.NAGESWARA RAO, HEMANT GUPTA
South Delhi Municipal Corporation – Appellant
Versus
Today Homes and Infrastructure Pvt. Ltd. Etc. – Respondent


Advocates Appeared:
For the Petitioner(s):Sanjiv Sen, Praveen Swarup, Sayan Ray, Rahul Tomar, Soumo Palit, Chandra Pratap Singh, Advocates
For the Respondent(s):Sunil Malhotra, Rajat Malhotra, Diggaj Pathak, Shweta Sharma, Advocates

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

1. The order of assessment dated 01.03.2013 and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed before the High Court of Delhi. Learned Single Judge of the Delhi High Court rejected the plaint by holding that the suit was not maintainable. The appeals filed by the Respondents were allowed by a Division Bench. The judgment in the said civil suit was consequently set aside and the learned Single Judge was directed to decide the point of jurisdiction afresh on the basis of legal principles laid down in the judgment of the Division Bench. Aggrieved thereby, the South Delhi Municipal Corporation (hereinafter, ‘the SDMC’) has filed this appeal.

2. M/s GPS Properties Pvt. Ltd. was the highest bidder in the auction of commercial plot Nos.4, 5 and 6 of Shivaji Complex, District Centre, Raja Garden, New Delhi. Said property was allotted by the Slum & J. J. Department of the Municipal Corporation of Delhi in favour of M/s GPS Properties Pvt. Ltd. Approval for construction of a mall/commercial complex was granted by the Delhi Development Authority (hereinafter, ‘the DDA’). M/s

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