VIPIN SANGHI, SANJEEV NARULA
Delhi International Airport (p) Ltd – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. challenge to property tax on advertisements. (Para 1 , 2) |
| 2. describes statutory framework for property tax. (Para 3 , 4 , 5 , 6 , 10 , 12) |
| 3. petitioners argue against tax on hoardings. (Para 17 , 18 , 19) |
| 4. interpretation of 'building' and its implications. (Para 20 , 21 , 22) |
| 5. court's conclusion is that hoardings may be taxable. (Para 60 , 61) |
JUDGMENT
Sanjeev Narula, J. - Aggrieved with the levy of ''property tax'' on structures erected for the affixing of hoardings thereon (which are used for display of advertisements), the Petitioners, by way of the present petitions, impugn the power of the South Delhi Municipal Corporation (''SDMC'') to impose the tax, by contending inter-alia that Bye-Laws 9(m) and 14 of Delhi Municipal Corporation (Property Taxes) Bye-Laws, 2004 (''2004 Bye-Laws''), whereby the levy has been imposed, are ultra vires the Delhi Municipal Corporation Act, 1957 (''DMC Act''). They also seek consequential relief in the nature of writ of mandamus for quashing of notices and the demands raised by the Respondent under the impugned 2004 Bye-Laws. Since the grounds of challenge and nature of reliefs sought in both the petitions are identical, and co
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