ULHASNAGAR MUNICIPAL COUNCIL Vs. ARJUN KUNGOORAM BALANI

JUDGEMENT

(1.) A cryptic order passed by the Civil Judge, Junior Division, Ulhasnagar is the subject matter of the present Civil Revision Application. It is expected of the Judicial Officers to give reasonably detailed orders to enable the Appellate Court to appreciate the legality and validity of their orders and to examine how they have applied their mind to the facts and law before them.

(2.) THE petitioner, the Ulhasnagar Municipal Council (hereinafter referred to as the Municipal Council) has challenged the aforesaid order dated 31-1-1996 passed by the learned Civil Judge, Junior Division, Ulhasnagar on an application filed by the Municipal Council before the learned Judge requesting him to decide as preliminary issues which were framed at Serial Numbers 5 and 6 i. e. Issue No. 5 whether the suit is barred by jurisdiction? and Issue No. 6 whether the suit is maintainable or not in the light of sections 169, 170 (b) and 172 of the Maharashtra Municipalities Act, 1965? It is curious to note that the learned Judge did contemplate to pass a final order on the aforesaid two preliminary issues though however while giving reasons he says that it was his prima facie view and concluded finally that the issues were exclusively triable in the Civil Court only. It is further curious to note that the learned trial Judge has totally ignored a well reasoned judgment given by the then Additional District Judge, Thane in Miscellaneous Civil Appeal No. 79 of 1987 between the same parties and for the same cause of action and the issues arisen therein. The learned District Judge had given his judgment minutely considering all the provisions of the Act and had held that the Civil Court had no jurisdiction to entertain the suit. In the aforesaid Appeal the challenge given by the Municipal Council was to an order of temporary injunction granted by the Civil Judge, restraining the Municipal Council from collecting the taxes during the pendency of the suit before him. The Appellate Court had set aside the said order and had allowed the appeal with costs by his judgment and order dated 23-3-1988. The present impugned order has arisen after the matter was set for final hearing.

(3.) THE petitioner has set out in detail the history of the facts how the respondent had come into possession of the land as a displaced person from the West Pakistan who had settled in Ulhasnagar Township somewhere in the year 1949. It is enough for the present purpose to mention that the respondent is in possession of the plot admeasuring the area of 12 Acres and 16 Gunthas of agricultural land for which the Municipal Council had imposed taxes at different prevalent rates upto 1981. For the year 1981-82 the Municipal Council had increased the Consolidated Property Tax to the extent of Rs. 8,147. 00 and Rs. 3,910. 00 instead of Rs. 12. 00 per hut. (The respondent has averred that there were two huts set up by him on the aforesaid agricultural land ). The Municipal Council has sent notices to the respondent for levying revised taxes on 1-12-1981. The respondent filed his objections by his letters dated 18-12-1981 and 19-12-1981, contending that the lands were used for the agricultural purpose and that they were not being used for any commercial purpose. The Municipal Council had also given the respondent personal hearing in the matter. The Chief Officer of the Municipal Council did not agree with the respondents contentions and therefore, the respondent was issued demand notices calling upon him to pay the arrears of the taxes at the revised rate upto the year 1986-87. Since the taxes were not paid by the respondent the Municipal Council again issued a notice on 20-1-1987 for recovery. The respondent did not respond to the said notice nor did he pay as per the notices. Instead he filed a Regular Civil Suit in the Court of Civil Judge, at Ulhasnagar for declaration and for perpetual injunction against the Municipal Council from claiming any taxes. He had also filed an application for temporary injunction against the Municipal Council under Order 39, Rule 1 and 2 read with section 151 of the Civil Procedure Code. The learned Judge was pleased to grant the prayers of the respondent and restrained the Municipal Council from collecting the taxes until further orders pertaining to the Municipal Councils Bill No. 35804. As stated herein above the Municipal Council had filed an Appeal before the District Judge, against the said order and the said order and the learned District Judge was pleased to set aside the injunction order of the Civil Judge. The Municipal Council had contested the matter by filing its Written Statement mainly on the following grounds i. e.