BHARATBHAI BHIKHABHAI GOHIL Vs. BOTAD MUNICIPALITY

JUDGEMENT

(1.) <DJG>H.N.DEVANI, J.</DJG> RULE. Learned advocates appearing for the respective respondents waive service of rule. Having regard to the controversy involved in the present case, which lies in a very narrow compass, the petition is taken up for final hearing and disposal today.

(2.) Heard the learned advocates for the parties. Learned advocate for the respondent-Municipality has tendered additional affidavit dated 15th July, 2010, which is taken on record.

(3.) In the additional affidavit, it has been stated that in the assessment list dated 19th February, 2004 for assessment year 2003-04 (Annexure-D), the area of the property in question is shown to be 900 sq. mtrs. whereas in the demand bill dated 12th December, 2008, the area of the property in question is shown to be 173.25 sq. mtrs. Learned advocate for the respondent-Municipality accepts that the actual area of the property in question is 173.25 sq. mtrs. and states that the respondent-Municipality is ready to rectify the mistake as regards the area of the property in question and pass a fresh order of assessment by applying appropriate formula as prevailing at the relevant point of time.