S P PANDEY Vs. M C D

JUDGEMENT

(1.) Rule. With the consent of the learned counsel for the parties, the petition is taken up for final hearing.

(2.) The dispute which arose in the present writ petition relates to the valuation of the petitioner's property situated at 177, Sukhdev Vihar. New Delhi-11025(in short the `said property') which was originally constructed to the extent of 2357.60 sq. ft. on the ground and first floor in 1979 and thereafter added upon in the year 1999 by 2858 sq. ft., on the 1st and 2nd Floor. The challenge by the present writ petition is to the order of learned Additional District Judge, Delhi dated 5th April, 2004 passed in HTA.No.56/03(hereinafter referred to as the `appellate Court').

(3.) The Joint Assessor & Collector of the respondent/Corporation(in short `the Assessing Authority') passed the order dated 5th March, 2003, amending the assessment list for the year 2001-02 in respect of the petitioner/asseesee's property at 177, Sukhdev Vihar which led to an appeal by the petitioner under Section 169 of DMC Act before the Additional District Judge, Delhi. By the impugned judgment the appellate Court observed as follows:-