LAWS(DLH)-2002-1-159

RAVI KAMAL MEATTLE Vs. NEW DELHI MUNICIPAL COUNCIL

Decided On January 07, 2002
RAVI KAMAL MEATTLE Appellant
V/S
NEW DELHI MUNICIPAL COUNCIL Respondents

JUDGEMENT

(1.) By this common Judgement the above three writ petitions are being disposed, as the parties, the premises and the questions arising, though relating to determination of rateable value for different assessment years, are common.

(2.) Petitioners are Mr.Ravi Kamal Meattle, his brother, son and nephews. By writ petition No.3218/98, petitioners sought quashing of the impugned notice dated 17.2.1995 as well as the assessment order bearing No.589/97 dated 25.2.1997, by which the rateable value of premises No.1, Aurangzeb Lane, New Delhi was determined at Rs.12,42,000/- less 10% on the basis of market rent for the years 1994-95 and 1995-96. The impugned order also maintained the said value at Rs.12,42,000/less 10% for the year 1996-97. The petitioners also sought quashing of demand notice dated 11.3.1998 No.3883 by which a sum of Rs.6,33,226/- including the arrears of Rs.4,65,551/- were demanded. The said writ petition had come up for admission on 15.7.1998, when counsel sought time to produce on record the orders passed in LPA.158/97 titled Ravi Kamal Meattle and others Vs. N.D.M.C. filed by the petitioners. In the event, on 12.8.1998, noting the submission of the petitioners' counsel that notice had been issued in LPA No.158/97 and recovery had been stayed, notice to show cause was issued in the writ petition as also in the stay application bearing CM No.7099/98, respondents were directed not to take any steps in pursuance to the impugned notice dated 11.3.1998. Interim orders were continued. The petitioners also preferred CW No.3318/98, in which also the impugned notice dated 17.2.1995 .was assailed as also the assessment order dated 25.2.1997. Prayer was also made for quashing the demaad raised on the basis of the impugned assessment order dated 25.2.1997 for the. year :1998-99. Quashing of demand notice No.14631 dated.15.1.1999 was also sought. The demand notice was issued demanding payment of Rs.1,67,680.00 for the year 1.4.1998 to 31.3.1999 after excluding the amount, recovery of which had been stayed. Notice to show cause in this writ petition was also directed to be issued on 6.7.1999. Petitioners were asked to deposit the admitted amount with no coercive steps to be taken by the respondent for recovery of the disputed amount.

(3.) Petitioners also preferred writ petition No.1782/2000, in which again the notice dated 17.2.1995, assessment order dated 25.2.1997 and the demand raised on the basis of the said asessment order as well as quashing of the demand notice bearing No.9531 dated 19.11.1999 requiring payment of Rs.3,91,245.00 which included the arrears upto the year ending 31.3.2000, after excluding the amount o'f Rs.6,33,221.00 recovery of which had been stayed in the earlier writ petitions, were required to be paid. The court issued notice in the writ petition on 10.5.2000, as an interim direction petitioners were required to deposit 30% of the demanded amount as issued vide bill dated 19.11.1999 without prejudice to the rights and contentions of the parties.