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2025 DAILYLAW 13711 (DEL)

RAN VIJAY SINGH v. NEW DELHI MUNICIPAL COUNCIL & ANR.

W.P.(C)/3774/2025 · 2025-03-26

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3774/2025 & CM APPL. 17551/2025 RAN VIJAY SINGH .....Petitioner Through: Ms. Kiran Singh, Adv. M: 9810568956 versus NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through: Mr. R.K. Dhawan, SC with Ms. Nisha Dhawan, Mr. V.K. Teng, Mr. Naman Kr. Thakur and Mr. Sanjay Sharma, Advs. for R-1 and 2. M: 9899775330 Email: rkdhawan9@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 26.03.2025 W.P.(C) 3774/2025 & CM APPL. 17551/2025 1. The present petition has been filed by the petitioner challenging the action of respondent no.1, i.e., New Delhi Municipal Council (“NDMC”), wherein, the NDMC has threatened to seal the property of the petitioner bearing no. M-46, under the stair case, Cannaught Circus, New Delhi- 110001, which measures 90 Sq. Ft. 2. Learned counsel appearing for the petitioner draws the attention of this Court to the notice dated 26th December, 2024, which has been attached outside the premises of the petitioner, to submit that the notice issued by the NDMC for sealing the subject premises, is on account of non-payment of the This is a digitally signed order. 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 29/03/2025 at 14:47:22 property tax qua property bearing no. M-93, 46 and others at M-Block Connaught Place, New Delhi-110001 having PID No. P-5531. 3. Learned counsel appearing for the petitioner submits that the petitioner only occupies shop no. M-46 comprising of 90 Sq. Ft., which is just one of the shops under the said PID No. P-5531. Thus, she submits that since the portion of the property tax, payable by the petitioner for the portion occupied by the petitioner, has not been segregated, it is not possible for the petitioner to pay the property tax. She further submits on instructions that the petitioner is ready to pay the property tax for the area under his occupation. 4. Thus, she submits that property tax for the specific area occupied by the petitioner, ought to be specified by the NDMC. 5. Per contra, learned counsel appearing for the NDMC on advance notice, vehemently denies that any sealing notice has been issued. He submits that on account of non-payment of the property tax, attachment orders have been issued, in accordance with law. 6. He submits that property tax has not been paid for the property in question, since the year 2012. He further submits that an attachment order has been issued by the respondent-NDMC, pursuant to the order dated 01st December, 2016, against which no appeal has been filed by the owner/occupier of the property under PID No. P-5531. 7. Having heard the learned counsels for both the parties, it is directed that the respondent-NDMC shall provide to the petitioner the amount payable for the area, i.e., shop bearing no. M-46, measuring 90 Sq. Ft. under occupation of the petitioner, as a tenant. The same shall be done by the respondent-NDMC without prejudice to its rights and contentions to recover This is a digitally signed order. 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 29/03/2025 at 14:47:22 the full amount of the property tax for the property under PID No.P-5531. 8. Accordingly, the petitioner is directed to visit the office of Director Tax, NDMC at Palika Kendra, New Delhi, on 28th March, 2025, at 11:00 AM. 9. The petitioner shall be given the calculations of the specific amount of the property tax payable for the 90 Sq. Ft. of shop no. M-46, Cannaught Circus, New Delhi-110001, measuring 90 Sq. Ft., which is under the occupation of the petitioner, as a tenant. 10. Upon receipt of the specific details by the petitioner, the petitioner shall deposit the requisite amount of property tax, in terms of the directions of the respondent-NDMC. 11. It is further directed that in the meanwhile, without prejudice to his rights and contentions, the petitioner is directed to deposit a sum of Rs. 3 Lacs towards property tax with the respondent-NDMC, by 28th March, 2025, by way of a Demand Draft. 12. Accordingly, it is directed that the present writ petition shall be considered as a representation by the respondent-NDMC, and decision shall be taken by the respondent-NDMC, after granting personal hearing to the petitioner. 13. A speaking order, along with the requisite details, shall be provided to the petitioner, within a period of four weeks, from today. 14. With the aforesaid directions, the present writ petition, along with the pending application, stands disposed of. MINI PUSHKARNA, J MARCH 26, 2025/kr This is a digitally signed order. 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 29/03/2025 at 14:47:22