( 1 ) THE point at issue as raised by the Housing and Urban Development Corporation Limited (in short HUDCO) is; Whether HUDCO is exempt from levy of property tax on the land allotted to it by Government of India.

( 2 ) THE controversy revolves around the applicability of the provision of Section 120 (1) (c) of the Delhi Municipal Corporation Act (in short the DMC Act ). Secondly, whether HUDCO by virtue of allotment of letter/lease in its favour acquired leasehold rights in the property or is it only managing the property on behalf of the Government of India, and finally; whether the land allotted to HUDCO can be called "land capable of being built".

( 3 ) NO doubt provisions of Sections 120 (1) (a), (b) and (c) as well as the provisions of Sections 116 (4) and 119 of the DMC Act came up for interpretation in number of cases earlier, but keeping in view the facts of this case we have to see which of the sub-clauses of Sections 120 of the DMC Act are attracted in the facts of this case. And whether the properties in question are exempted under Section 119 of the Act. Before answering the points raised, lets have quick glance to the facts of this case.

( 4 ) THE facts