LAWS(DLH)-2010-1-246

SIRI FORT ROAD RESIENTS WELFARE ASS. Vs. MCD

Decided On January 14, 2010
Siri Fort Road Resients Welfare Ass. & Another Appellant
V/S
MCD Respondents

JUDGEMENT

(1.) THE petitioner No. 1 herein is Siri Fort Road Residents Welfare Association and petitioner No. 2, Mr. C.P. Sabharwal is the President of the said association. By way of present writ petition, the petitioners have prayed for issue of writ of mandamus or appropriate writ that the respondent-Municipal Corporation of Delhi should adhere to the re-classification and declare Siri Fort Bungalows as category C for the purpose of computing property tax under the Unit Area Method.

(2.) THE petitioners have placed reliance on the report submitted by the Hardship and Anomaly Committee recommending re-categorization of Siri Fort Bungalows from category A to category C. It is the contention of the petitioners that the said recommendation was accepted by the Standing Committee vide their resolution No. 55 dated 12th May, 2005 and the said resolution was carried by the Corporation vide resolution No. 195 dated 9th June, 2005. It is also the contention of the petitioners that other recommendations made by the Hardship and Anomaly Committee for colonies like Raghubir Nagar, Rajindra Park, Pant Nagar, etc. have been duly accepted. It is submitted that on the website of Municipal Corporation of Delhi Siri Fort Bungalows have been shown in the category C.

(3.) THE respondent-MCD in support of their contention have filed resolution No. 55, which was passed while considering item No. 30 relating re-categorization of colonies/localities under the Unit Area Method. The said resolution reads as under:-