Vardhaman Fortune Mall Welfare Association v. North Delhi Municipal Corporation And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8722/2018 VARDHAMAN FORTUNE MALL WELFARE ASSOCIATION ..... Petitioner Through Mr. Sanyam Khetarpal, Mr. Armoon Grover, Advocates versus NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Ms. Mini Pushkarna, Standing Counsel with Ms. Swagata Bhuyan, Ms. Shiva Pandey and Ms. Neha Goel, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 11.09.2018 W.P.(C) 8722/2018, C.M. No.37060/2018 Having heard learned counsel appearing on behalf of the parties, it is considered just and necessary to advance the date of hearing of the present petition to today.

With the consent of the learned counsel appearing on behalf of the parties, the present writ petition is disposed of with the following directions. Without prejudice to the rights and contentions of the parties and in view of the circumstance that, the impugned notice dated 07.08.2018, for recovery of property tax, was rendered without giving the Members of the petitioner association an opportunity of being

heard and furnishing the requisite clarifications, the same is set aside and quashed.

It is directed that the North Delhi Municipal Corporation shall issue public notice in this behalf, inviting the attention of all the stakeholders to respond thereto, and afford them a hearing before carrying out a proper assessment of the individual units in their possession and computing the property tax leviable thereon. It is further directed that the North Delhi Municipal Corporation shall pass speaking and reasoned order in that behalf, as expeditiously as possible, in accordance with law. The present petition is disposed of accordingly. The date already fixed i.e. 26.11.2018 stands cancelled. SIDDHARTH MRIDUL, J SEPTEMBER 11, 2018 as