MUNCIPAL COMMITTEE Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The order dated 7.7.1980 passed by the Deputy Commissioner, Hoshiarpur, under Ss. 84 and 85 of the Punjab Municipal Act, 1911 has been challenged by the Municipal Committee, Hoshiarpur. It has been prayed that the order (Annexure P7) dated 7.7.1980 be quashed with other appropriate relief.

(2.) The Municipal Committee, Hoshiarpur is a creature of the Punjab Municipal Act, 1911. Vide notification dated 4.9.1979 issued by the Punjab Government, the existing limits of the town of Hoshiarpur were extended and the premises of M/S Mahavir Spinning Mills Ltd., Phagwara Road, Hoshiarpur, were brought within the limits of the Municipality. The Executive Officer of the petitioner Municipal Committee wrote to respondent No. 2 on 10.8.1979 seeking information regarding the constructions of buildings and the particulars of the land belonging to respondent No. 2. This was done in order to assess respondent No. 2 for House Tax. After giving hearing to respondent No. 2 the petitioner issued a notice dated 30.1.1980 Under Sec. 65 of the Punjab Municipal Act, 1911 (for short 'the 1911 Act') and gave opportunity to respondent No. 2 to file objections against the fixation of annual rental value of the building as Rs. 3,07,665/ -. On 24.2.1980 the objections filed by respondent No. 2 were received and after considering the entire matter the petitioner passed order (Annexure P5) dated 10.3.1980 fixing the net annual letting value of the budding as Rs. 3,07,665/ -.

(3.) Sec. 3(1) of the 1911 Act, as it stood before the amendment of the Punjab Municipal (Amendment) Act, 1994, reads as under:,