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2002 Supreme(Del) 965

SANJAY KISHAN KAUL
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
DHUNISHAW FRAMROZ DARUWALA – Respondent


Sanjay Kishan Kaul

( 1 ) THE petitioner has impugned the order of the appellate Authority dated 6. 7. 2000 setting aside the impugned assessment order and remanding back to be decided by the Assessing Authority. The basis of the judgment of the Appellate Authority of learned ADJ is that it is the purchase price of the property which has been taken into consideration and the principle laid down by the Supreme Court of India in the case of Lt. Colonel P. R. Chaudhary (Retd.) etc. v. M. C. D. and Ors. , 85 (2000) DLT 223, has not been followed. It is specifically noted in the impugned order that the principle of parity as laid down by the Hon ble supreme Court has not been followed by the Assessing Authority.

( 2 ) IT may be noted that the present petition has been filed more than two years after the orders passed by the Appellate Authority and thus, in my considered view, would suffer from culpable delays and laches which itself would disentitle the petitioner to any relief.

( 3 ) I, however, consider it appropriate to consider the merits of the matter specially in view of the fact that this controversy keeps on arising despite the law being well settled by Delhi High Court and the Ho






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