A C GULATI Vs. CHAIRMAN NDMC

JUDGEMENT

(1.) Petitioner has filed this writ petition, seeking a writ of certiorari for quashing or modifying the order dt. 16.12,1997, passed by the Additional District Judge, fixing the rateable value of premises No. A-5, Nirman Vihar, Delhi at Rs. 27.390.00 w.e.f. 7.10.1982.

(2.) The assessing officer had fixed the rateable value at Rs, 34,720.00 w.e.f. 7.10.1982. This as noted earlier was reduced to Rs. 27,390.00 by the Additional District Judge in appeal. Petitioner's grievance before the Additional District Judge was that the land value had been wrongly taken by the Assessing Authority at Rs. 900.00 per sq. mtr., while at should have been Rs. 200.00 per sq. mtr., as per the L&DO rates circu- lated. The learned Additional District Judge had re-computed the rateable value and assessed the same at Rs. 21,3901- by taking the cost of land at Rs. 320.00 per sq. mtr. and the cost of construction at Rs. 3,04,088.00.

(3.) The petitioner in the writ petition had taken a plea that the finding in the im- pugned order of Additional District Judge that cost of construction was not disputed was wrong. Learned counsel for the petitioner upon seeking instructions from Mr. A.C. Gulati, states that they are not pressing this plea and disputing the cost of construc- tion, as adopted by the Additional District Judge. The petitioner is confining the chal- lenge in the writ petition to the adoption of land rate at Rs. 320.00 per sq. mtr. Instead ofRs.200.00persq.mtr.