India International Rural Cultural Centre v. South Delhi Municipal Corporation

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8403/2022 & CM APPL. 25292/2022 INDIA INTERNATIONAL RURAL CULTURAL CENTRE .....Petitioner Through:

Mr. H.L. Tiku, Sr. Adv. with Mr.

Hitesh Wadhwa, Adv.

M: 9958860218 versus SOUTH DELHI MUNICIPAL CORPORATION .....Respondent Through:

Mr. Attin Shankar Rastogi and Mr.

Adil Vasudeva, Advs.

M: 9811778900 Email: attin@ilolegal.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 23.04.2025

O R D E R

1.

Learned Senior Counsel appearing for the petitioner submits that the petitioner has already filed a statutory appeal before the learned Municipal Taxation Tribunal ("MTT").

2.

He further submits that vide order dated 26th May, 2022, interim directions were passed in favour of the petitioner that no coercive action be taken against the petitioner's property. It is submitted that the said directions be continued, so as to allow the petitioner to seek further relevant orders, from the learned MTT.

th May, 3.

This Court notes that the relevant portion of the order dated 26 2022, granting interim protection in favour of the petitioner, reads as under: 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 25/04/2025 at 17:28:54

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7. Keeping in view the fact that the petitioner-society has already paidan amount of Rs.25,55,754/- as per the demand raised by the respondent, though allegedly under duress; the further fact that the petitioner undertakes to continue to file self-assessment property tax returns at Use Factor '1' and that the Tribunal is not functional,it is directed that no coercive action be taken against the petitioner's property till the next date of hearing.

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4.

This Court notes the submissions made by learned Senior Counsel appearing for the petitioner that the petitioner shall file an appropriate application for interim stay before the learned MTT. 5.

Accordingly, it is directed that an application for interim protection shall be filed by the petitioner before the learned MTT, within a period of four weeks, from today.

6.

Upon the application being filed by the petitioner herein before the learned MTT, the same shall be considered by the learned MTT on its own merits, in accordance with law.

7.

Considering the earlier interim protection granted in favour of the petitioner, it is directed that the interim protection granted vide order dated 26th may, 2022, shall inure to the benefit of the petitioner, till the application for interim stay is considered by the learned MTT. 8.

All the rights and contentions of the parties are left open. 9.

Noting the aforesaid, the present writ petition, along with the pending application, stands disposed of.

MINI PUSHKARNA, J APRIL 23, 2025/kr 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 25/04/2025 at 17:28:54