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1988 Supreme(Del) 167

D.P.WADHWA
S. K. VERMA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.S.CHANDHIOK, J.M.SABHARWAL

D. P. Wadhwa, J.

( 1 ) THIS petition under Article 227 of the Constitution is by the owner of property bearing No. 4d/62, Old Rajinder Nagar. New Delhi, against the order dated Jan, 21,1987, of the learned Addl. District Judge, Delhi, whereby he directed issue of notice of appeal filed by the petitioner under Section 169 of the Delhi Municipal Corporation Act, 1957 (for short the Act,) on the petitioner depositing the amount of the property tax as required under Section 170 of the Act.

( 2 ) THE property in question was earlier owned by Ram Saroop, brother of the petitioner, who had purchased the same from the Ministry of Rehabilitation, Govt. of India, New Delhi. The petitioner purchased this property from his brother. This sale deed is dated March 10, 1978. The petitioner thereafter, it appears, reconstructed whole of the property. It is now storeyed house and the plot of land underneath measures 85. 9 sq. yds.

( 3 ) A notice under Section 126 of the Act was issued to the petitioner and the Deputy Assessor and Collector assessed the rateable value of the property at Rs. 21,060. 00 with effect from 1. 4. 1979 and Rs. II,130. 00 with effect from 1. 4. 1984. He took into account th








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