Dev Crockery Store v. New Delhi Municipal Council & ORS.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2452/2025 and CM APPL. 11631/2025 DEV CROCKERY STORE .....Petitioner Through:

Mr. Subhash C. Jindal, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. R.K. Dhawan, Standing Counsel with Ms. Nisha Dhawan, Mr. V.K. Teng, Mr.Raghav Alok, Mr. Naman Kumar Thakur, Ms.Anwesha Singh, Ms. Jyoti Sahai Joshi and Mr.K.R. Madhar, Advocates for Respondents No.1 to 3/NDMC.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 03.03.2025 1.

This writ petition is preferred on behalf of the Petitioner under Article 226 of Constitution of India for a direction to NDMC to allot a separate Property Identification Number (PID) in respect of shop bearing Shop No. B-26, Plot No.5, Connaught Place, New Delhi, which is in possession of the Petitioner as protected tenant under Delhi Rent Control Act, 1958 for the purpose of depositing property tax with NDMC under New Delhi Municipal Council Act, 1994 ('1994 Act') in respect of its portion of the property. Challenge is also laid to the Rectification Order dated 18.12.2023 and Corrigendum-cum-Assessment Order dated 26.09.2024. 2.

Issue notice.

3.

Mr. R.K. Dhawan, Standing Counsel accepts notice on behalf of Respondents No.1 to 3 and takes an objection to the maintainability of this W.P.(C) 2452/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2025 at 13:44:42

writ petition both on ground of locus of the Petitioner as also on there being a statutory embargo on issuance of separate PIDs. 4.

Mr. Jindal, learned counsel for the Petitioner submits that Petitioner will be satisfied at this stage if a limited direction is given to NDMC to consider representation of the Petitioner dated 24.12.2024 followed by reminder dated 10.01.2025 and look into the request for allotting a separate PID so that Petitioner is able to pay property tax with respect to the portion it occupies and is not declared a defaulter. It is also submitted that in similar circumstances with respect to adjoining property, this Court in W.P.(C.) No.1306/2025 has passed an order on 03.02.2025 directing NDMC to take a decision after granting personal hearing and the same order be passed in favour of the Petitioner.

5.

After hearing the counsels for the parties and without entering into the preliminary objections or the merits of the case, this writ petition is disposed of directing NDMC to consider the representation of the Petitioner made on 24.12.2024 for allotment of separate PID in respect of the portion of the property in question. Before taking a decision opportunity of personal hearing will be granted to the Petitioner, for which time, date and venue will be intimated in writing. After conclusion of personal hearing, NDMC shall pass a speaking order in accordance with law, which will be communicated to the Petitioner and liberty is reserved with the Petitioner to take recourse to appropriate legal remedies, in case of any surviving/further grievance. 6.

All rights and contentions of the respective parties are left open. 7.

Pending application stands disposed of.

JYOTI SINGH, J MARCH 3, 2025/B.S. Rohella W.P.(C) 2452/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2025 at 13:44:42