NDMC Vs. SANJIV MITTAL

JUDGEMENT

(1.) The petitioner/NDMC has impugned the order dated 23.04.2008 passed by the learned ADJ, Delhi, allowing the appeal preferred by the respondent against the assessment order passed in respect of commercial space bearing No.815, measuring 505 sq. feet super area on the 8th floor of a multi-storied building, namely, Navrang House, Kasturba Gandhi Marg, New Delhi, that was assessed for the purpose of property tax at a rateable value of Rs.2,72,700.00, with effect from 01.04.2005, by fixing the rental of the said property at Rs.50.00 per sq. feet, on a comparable rental basis.

(2.) Notice was issued on the present petition on 26.08.2008, where after appearance was entered on behalf of the respondent but he failed to file the counter affidavit. Vide order dated 04.09.2009, the right of the respondent to file the counter affidavit was closed. The present petition was admitted for regular hearing on 011.2011.

(3.) The present petition has remained pending in the regular cause list for the past several months but none has appeared for the respondent. The case came up for arguments on 29.08.2016, on which date none had appeared for the respondent. As a result, notice of default was directed to be issued to the respondent through counsel returnable on 010.2016. On 010.2016 again, none had appeared for the respondent. Due to paucity of time, the matter was adjourned to 08.12.2016. On 08.12.2016, it was recorded that counsel for the respondent and the respondent had both been duly served. Despite the same, none was present on behalf of the respondent. In the interest of justice, no adverse orders were passed on 08.12.2016 and the matter was directed to be listed in the regular cause list in the week commencing from 02.01.2017.