LAWS(DLH)-2012-4-236

AMBRISH KUMAR Vs. MCD

Decided On April 12, 2012
AMBRISH KUMAR Appellant
V/S
MCD Respondents

JUDGEMENT

(1.) THIS intra-court appeal impugns the order dated 17.03.2006 of the learned Single Judge in W.P.(C) No.4021/2006 preferred by the appellant. The said writ petition was filed challenging the notice dated 03.01.2006 of the respondent MCD demanding a sum of Rs.26,460/- as on 31.03.2004 plus interest from the appellant towards property tax of flat No.266, Supreme Cooperative Group Housing Society Ltd., Mayur Vihar, Phase-I, Delhi of the appellant and upon failure of the appellant to pay the said sum, threatening to recover the same from the said flat of the appellant.

(2.) THE learned Single Judge, finding that the appellant had not shown any documents evidencing payment of property tax for several years and that the assessment order determines the ratable value of the flat of the appellant on the cost paid by the appellant to the Society for acquisition of the flat, disposed of the writ petition by suspending the operation of the notice dated 03.01.2006 for a period of two weeks subject to the appellant depositing Rs.20,000/- with the respondent MCD within two weeks and with a further direction to the appellant to appear before the respondent MCD for passing a fresh assessment order.

(3.) THE counsel for the appellant states that the aforesaid order has attained finality. He further contends that the same order ought to follow in this appeal also.