Mountview Realtech Pv Ltd v. Municipal Corporation Of Delhi

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 59/2024 and CM APPL. 219/2024 MOUNTVIEW REALTECH PVT LTD .....Petitioner Through:

Mr. Sanjeev Sagar, Senior Advocate with Mr. Dheeraj Gupta and Ms. Prerna Bhatt, Advocates.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Ms. Sunieta Ojha, Standing Counsel with Ms. Vasudha Priyansha and Ms. Divita Vashisht, Advocates for Respondent/MCD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.02.2025 1.

This writ petition is preferred on behalf of the Petitioner challenging the Assessment Order dated 09.10.2023 passed by the MCD in respect of the property of the Petitioner as detailed in the writ petition. 2.

On 12.08.2024, Court had entertained the writ petition as the Municipal Taxation Tribunal, i.e. the Appellate Tribunal was nonfunctional. Learned Senior Counsel for Petitioner fairly submits that since the Appellate Tribunal is now functional, Petitioner may be permitted to withdraw the writ petition with liberty to approach the Tribunal. Ms.Sunieta Ojha, learned Standing Counsel for Respondent/MCD has no objection to this course of action.

W.P.(C) 59/2024 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 19/02/2025 at 12:13:10

3.

Accordingly, this writ petition is disposed of with liberty to the Petitioner to approach the Appellate Tribunal. Since there is a period of limitation in filing the appeal against the Assessment Order, while considering condonation of delay, Tribunal may take into consideration the fact that this writ petition was filed by the Petitioner in January, 2024 bonafidely as the Appellate Tribunal was not functional at that stage and the writ petition is pending since then.

4.

Pending applications stand disposed of.

JYOTI SINGH, J FEBRUARY 12, 2025 B.S. Rohella W.P.(C) 59/2024 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 19/02/2025 at 12:13:10