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2021 Supreme(Bom) 1430
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, Surendra P. Tavade, JJ.
Kalpataru Properties (thane) Pvt. Ltd. & Anr. - Appellants
Versus
Thane Municipal Corporation & Ors. - Respondents
Writ Petition (L) No. 21678 of 2021
Decided On : 03-11-2021
Girish Godbole, Advocate, Shivraj Patne, Advocate, Suneet Tyagi, Advocate
Property cannot be sealed solely for non-payment of property tax, and potential harm to the affected parties must be considered.
Headnote:
Sealing - Property Tax - The court directed the removal of seals on a mall property due to non-payment of property tax, citing previous decisions that property cannot be sealed solely for non-payment of tax. The court emphasized the potential harm to the petitioners and the businesses operating in the mall during the festive season.
Fact of the Case:
The Petitioners sought the removal of paper notices/seals on a mall property due to non-payment of property tax, highlighting the impact on 82 establishments and shoppers during the festive season.
Finding of the Court:
The court found that the property cannot be sealed solely for non-payment of property tax, emphasizing the potential harm to the petitioners and the businesses operating in the mall during the festive season. The court directed the removal of the seals and allowed the businesses to continue operating.
Issues: Sealing of property for non-payment of property tax
Ratio Decidendi: Property cannot be sealed solely for non-payment of property tax, and the potential harm to the petitioners and businesses must be considered.
Final Decision: The court directed the removal of the seals on the mall property and allowed the businesses to continue operating, with the Thane Municipal Corporation required to appear before the court on a specified date.
JUDGMENT
1. Not on board. Upon mentioning, taken on board.
2. By the above Writ Petition, the Petitioners are inter alia seeking a direction against the Respondents to forthwith remove the paper notices / seals put up on the subject property known as Korum Mall, Mangal Pandey Road, Near Cadbury, Thane (West) 400606 having 82 establishments.
3. The learned Advocate appearing for the Petitioners relies on the decision of this Court in the case of ATC Telecom Infrastructure Private Limited Vs. Nashik Municipal Corporation & Ors. 2017 SCC OnLine Bom 3863 and submits that in the said decision and in several other decisions of this Court it is held that the property of a party cannot be sealed on the alleged ground of non-payment of property tax. It is further submitted on behalf of the Petitioners that in the event of a party failing to pay property tax, the Corporation has the power to attach / auction the premises but cannot seal the same.
4. The submissions made by the learned Advocate appearing for the Petitioners are correct. We are convinced that grave and irreparable harm, loss and injury will be caused to the Petitioners if the seal affixed on the Mall consisting of 82 establishments is not removed and the huge number of shoppers are not allowed to shop during the festive season. In view thereof, we pass the following Order :
i. The Commissioner, Thane Municipal Corporation is directed to ensure that the seal affixed on the subject mall having 82 establishments is forthwith removed and the owners of the establishments are allowed to carry on their respective businesses.
ii. Thane Municipal Corporation shall appear before this Court on 8th November, 2021 at 10.30 a.m.
iii. Stand over to 8th November, 2021 at 10.30 a.m.
iv. Liberty to apply.
