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2025 DAILYLAW 29146 (DEL)

VERA SARIN v. NEW DELHI MUNICIPAL CORPORATION

W.P.(C)/13673/2025 · 2025-09-04

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13673/2025, CM APPL. 56067/2025 & CM APPL. 56068/2025 VERA SARIN .....Petitioner Through: Mr. Sidhant Kumar, Ms. Manyaa Chandok and Ms. Shagun Chopra, Advs. Mob: 9873400601 versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Sanjay Sharma, ASC for NDMC and Mr. Ravi Krishan Chandra, Asst. SC for NDMC with Mr. Anand Kumar Sharma, Mr. Aniket Sharma and Mr. Udbhav K. Garg, Advs. Mob: 9810798828 Email: sharmasanjaylegalpoint@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed challenging the Notice of Demand dated 12 O R D E R % 04.09.2025 th December, 2024, issued by the respondent, i.e., New Delhi Municipal Council (“NDMC”) with respect to property bearing No. Flat No. 811, Ansal Bhawan, New Delhi. 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 08/09/2025 at 12:14:13 2. Learned counsel appearing for the petitioner submits that the impugned Demand Notice raises a demand of Rs. 72,23,325/-. 3. It is submitted that the petitioner has never received any notice before the said Demand Notice. Additionally, the said Demand Notice came to the knowledge of the petitioner, when she was informed about the same from her tenant. Thus, it is submitted that without any prior notice or affording any opportunity to the petitioner, the respondent-NDMC has raised the impugned arbitrary demand. 4. Issue notice. Notice is accepted by learned counsel appearing for respondent-NDMC. 5. Learned counsel appearing for respondent-NDMC has handed over certain documents, which are taken on record. 6. The copies of the said documents have also been handed over to learned counsel appearing for the petitioner. 7. As per the documents handed over by learned counsel appearing for respondent-NDMC, the petitioner has not paid any property tax for a long time, on account of which, the demand has now increased to Rs. 79,80,752/- Furthermore, the demand towards property tax for the current year itself is Rs. 7,57,410/-. 8. Learned counsel appearing for the respondent-NDMC also draws the attention of this Court to the notice issued under Section 72 of the New Delhi Municipal Council Act, 1994 (“NDMC Act”) dated 01st March, 2024, to submit that due procedure was followed by the NDMC and a notice was also issued to the petitioner. However, no reply to the said notice was ever received from the petitioner. 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 08/09/2025 at 12:14:13 9. In contrast, learned counsel appearing for the petitioner disputes the submission made by learned counsel appearing for the respondent. 10. Learned counsel for NDMC also draws the attention of this Court to the document to show that arrears as on 01st 11. Having heard learned counsels appearing for the parties, considering the fact that the Demand Notice dated 12 April, 2025, are to the tune of Rs. 79,80,752/-. th 12. Upon the deposit of the aforesaid amount within six weeks, the petitioner shall be issued a fresh notice by the NDMC, for hearing. December, 2024 and the arrears, as on date, amounting to Rs. 79,80,752/-, it is directed that the petitioner shall deposit an amount of Rs. 35,00,000/-, with the respondent-NDMC, within a period of six weeks, from today, on account of property tax. 13. At the time of hearing, the petitioner, through her authorized representative, shall be duly heard and any documents, which may be required, shall be allowed to be produced before the concerned Officer of the NDMC. 14. This Court notes the submissions made by learned counsel appearing for the petitioner that the petitioner be allowed to inspect the record of the NDMC pertaining to their property. 15. Liberty is so granted. Accordingly, the petitioner shall be at liberty to move an application with the NDMC for inspection of the record with respect to the property tax of the property in question. 16. Upon granting hearing to the petitioner, a fresh demand notice shall be raised by the NDMC, after collating its accounts and adjusting all the amounts that had been paid by the petitioner. 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 08/09/2025 at 12:14:13 17. In case, the petitioner is aggrieved by any order passed by the respondent-NDMC, the petitioner shall have liberty to seek remedies, in accordance with law. 18. Upon the petitioner depositing Rs. 35,00,000/-, within a period of six weeks, from today, the respondent-NDMC shall not take any coercive action against the petitioner. 19. It is clarified that this Court has not expressed any opinion on the merits of the case. The rights and contentions of both the parties are left open. 20. With the aforesaid directions, the present petition, along with the pending applications is accordingly, disposed of. MINI PUSHKARNA, J SEPTEMBER 4, 2025/SK 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 08/09/2025 at 12:14:13