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2003 Supreme(Del) 606

SANJAY KISHAN KAUL
SANT RAM SAIGAL – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Sanjay Kishan Kaul, J.

( 1 ) THE purchaser purchases an existing constructed property. The Municipal Corporation of Delhi assesses the rateable value afresh on the basis of new purchase value. The purchaser claims that since no change has been made in the property, mere purchase of the same by the purchaser cannot result in increase of rateable value determined on the basis of new purchase price. This, in sum and substance, is the dispute in the present writ petition.

( 2 ) THE property bearing No. C - 776, New Friends Colony, New Delhi was purchased and constructed upon in 1983 The premises were initially let out. The plot measures 480 sq. yds. and two independent building units are stated to have been constructed on the same being front and rear portion of the building. Shri P. S. Khera was owner of the property. Shri Khera sought fixation of rateable value on the basis of standard rent determinable on cost basis under Section 6 of the Delhi rent Control Act, 1958 (hereinafter to be referred to as, the Rent Act ) on expiry of the initial five years period of letting. In terms of the assessment order dated 20. 5. 1987, the said plea was accepted, but Shri Khera was aggrieved by

































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