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A. S. CHANDURKAR, FIRDOSH P. POONIWALLA
Municipal Corporation of Delhi – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition for writ of mandamus to enforce statutory duties. (Para 1) |
| 2. petitioner seeks enforcement of recovery warrants. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. legal basis of tax collection and authority. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. opposition to enforcement of recovery certificates. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 5. court's findings regarding interpretation of recovery authority. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 6. toll tax recoverable as arrears of land revenue. (Para 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72) |
| 7. judgment passed in favor of petitioner. (Para 73 , 74 , 75) |
JUDGMENT :
FIRDOSH P. POONIWALLA, J.
1. RULE. Rule made returnable forthwith and heard finally by consent of the parties.
2. By the present Petition, the Petitioner is seeking the following final reliefs:
The court affirmed that toll taxes collected by the Municipal Corporation are capable of being recovered as arrears of land revenue under the Revenue Recovery Act, 1890, enabling the issuance of warr....
A municipal corporation can recover dues such as toll tax as arrears of land revenue through provisions of the Revenue Recovery Act.
Recovery Officers cannot adjudicate unadjudicated claims during execution proceedings under the RDDB Act.
Article 137 of Limitation Act reads as description of application.
The recovery of rent due to the Nagar Palika from a tenant in respect of immovable property other than land vested or entrusted to the management of the Nagar Palika can be made under Section 292 of ....
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