Sunil Chand Jain & ORS. v. New Delhi Municipal Council

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5774/2024&CM APPL. 23924/2024 SUNIL CHAND JAIN & ORS.

..... Petitioners Through:

Mr. Ajay Awasthi, Mr. Rishi Jaiswal, Mr. Vikrant Kumar and Mr. V.

Kumar, Advs.

versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through:

Mr. Sanjay Sharma, SC for MCD alongwith Mr. Pradeep Suhag, Adv.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 25.04.2024

O R D E R

1.

The present petition assails an attachment notice dated 22.03.2024 issued in respect of seven properties namely K-26, K-27, K-28/2, K-43, K-45, K-59 and K-60, situated at K-Block, Connaught Place, New Delhi. 2.

The petitioners are aggrieved by the fact that they are the owner of the mezzanine floor of the property bearing no. K-27, K-Block, Connaught Place, New Delhi and have nothing to do with the other properties referred to in the aforesaid attachment notice, with regard to which a massive amount of Rs.41,13,94,961/- has been demanded on account of alleged property tax. It is submitted that neither any separate demand notice has been served upon the petitioner, nor any basis for demand has been disclosed to the petitioner. 3.

Attention is drawn to the communication dated 23.03.2024addressed by the petitioner to the respondent whereby it was requested by the petitioner that a fresh notice of demand be issued separately qua the property owned by the petitioner viz. K-27, K-Block, Connaught Place, New Delhi. However, 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 30/04/2024 at 12:27:53

the respondent is stated to have not responded to the said representation. 4.

Learned counsel for the respondent who appears on advance notice submits that the properties referred to in the aforesaid attachment notice dated 22.03.2024 have a common PID number and hence the demand for these properties is assessed cumulatively.

5.

Considering that, the only relief sought by the petitioners is that the respondent/NDMC be directed to consider the bifurcation of the demand with respect to theproperty owned by the petitioners, the present petition stands disposed of with a direction to the respondent/NDMC to consider the said request of the petitioners, and pass a reasoned order disposing of the said request of the petitioners.

6.

Let a hearing be granted to the petitioners for the aforesaid purpose within a period of one week from today and a reasoned order be passed within a period of 2 weeks thereafter.

7.

It shall be open to the respondent/NDMC to demand from the petitioners the arrears of the property tax as may be found due in respect of the property owned by the petitioners viz. mezzanine floor of K-27, K-Block, Connaught Place, New Delhi.

8.

The present petition alongwith the pending application, stands disposed of in terms of the above directions. SACHIN DATTA, J APRIL 25, 2024/at 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 30/04/2024 at 12:27:53