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2006 DIGILAW 2089 (DEL)

ROSHAN LAL NARANG v. M. C. D.

2006-11-14

S.RAVINDRA BHAT

body2006
( 1 ) THE writ petitioner claims to be aggrieved by a decision of the Municipal corporation of Delhi Dated 10th February, 2005 by which the rateable value of his property, namely, C-27, (1st floor and second floor), Mansarover Garden, New delhi-110015 was assessed at Rs. 30 lakh. ( 2 ) THE narrow grievance projected in these proceedings is that in respect of the pending proposal to fix the rateable value w. e. f. 1. 4. 2001, the MCD issued a letter calling upon the petitioner to appear before the Assessing Authority, on 2. 2. 2005. The letter required the presence of the petitioner on 8. 2. 2005. However, it is alleged that the letter was actually despatched on 12. 2. 2005 and received on 15. 2. 2005 by one of the owners of the property, namely, the petitioner in these proceedings. It is also claimed that no intimation was ever served upon other owner of the property in spite of both the names being recorded in the files of the MCD. ( 3 ) HAVING regard to the limited nature of the claim. e. that the rateable value was finalised on 10. 2. 2005, ex-parte in the absence of hearing, I am of the opinion that the respondent MCD should re-consider the entire issue after granting suitable hearing to the petitioner. The writ petition is accordingly allowed. The rateable value in respect of the property No. C-27 (1st floor and second floor), Mansarover garden, New Delhi, 110015 fixed w. e. f. 1. 4. 2001 by the impugned order of 10. 2. 2005 is hereby quashed. ( 4 ) THE petitioners shall be present before the concerned Assessing Officer, namely, Joint/deputy Assessor Collector, Western Range on 22nd November, 2006 at 2. 30 p. m. It is open to the petitioners to produce all relevant documents and materials in support of the representation. The Assessing Officer shall consider the application of the petitioner, if made, for assessment in terms of the unit area method, under Section 116 (G) (2) of the Act and issue a suitable order. The decision shall be a reasoned one and communicated directly to the petitioner within two weeks after the 22nd November, 2006. ( 5 ) THE writ petition is allowed in view of the above terms. All pending applications are accordingly disposed off. Writ Petition allowed.