MUNICIPAL CORPORATION OF BRIHANMUMBAI A STATUTORY CORPORATION CONSTITUTED Vs. DALAMAL TOWER PREMISES CO OPERATIVE SOCIETY LIMITED

JUDGEMENT

(1.) The Municipal Corporation of Greater Mumbai and its functionaries have preferred this appeal aggrieved by the judgment and order dated October 14, 2004, passed by the learned Single Judge. The learned single Judge allowed the writ petition filed by the present respondent Nos. 1 and 2 and quashed and set aside the orders dated 24th March, 2004 (Exhibits Rs. O1', Rs. O2' and 'P') and the demands of payment pursuant to the bills (Exhibits 'R', Rs. S1' to Rs. S8') so far as the present appellants sought to reassess the rateable value with effect from 1st April, 2000.

(2.) For the sake of convenience, we shall refer the first appellant- the Municipal Corporation of Greater Mumbai "the Corporation" and the present respondent No. 1- Dalamal Tower Premises Co-operative Society Limited "the petitioner".

(3.) The petitioner claims to hold the property being plot of land with building 'Dalamal Tower', situate at Plot No. 211, Backbay Reclamation, Municipal A Ward No. 1315 (127), Nariman Point, Mumbai (for short "the said property"). The said property consists of a building comprising of basement, ground and 15 upper floors. There are 116 open car parks, two enclosed garages in the basement and 274 units in the building. The said building is a non-residential (commercial) building. According to the petitioner, out of 274 units, 199 units are self occupied by its members and 75 units are given on leave and licence to third parties by the members.