W.P.(C)/6276/2019 of DR. MS. VANIT NALWA AND ANR. Vs NORTH DELHI MUNICIPAL CORPORATION AND ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6276/2019, CM Nos. 26857-26858/2019

DR. MS. VANIT NALWA AND ANR.

..... Petitioners

Through:

Mr. B.B. Jain, Mr. Abhay Jain and Mr. Amitabh Marwaha, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION AND

ORS.

..... Respondents Through: Ms. Mini Pushkarna, Standing Counsel with Ms. Swagata Bhuyan, Ms. Shiva Pandey and Ms. Rikita Ganju, Advs. for Nr. DMC with Mr. S.K. Lakda, Assistant Zonal Inspector, Keshavpuram Zone, Property Tax Department.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R R% 30.05.2019

CM. No. 26858/2019 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6276/2019 and CM No. 26857/2019 (for stay)

One of the submissions made by Mr. B.B. Jain, learned counsel

appearing for the petitioners is, that the impugned assessment order dated October 5, 2018 is at variance with the show-cause notice issued to the petitioner on May 21, 2018, inasmuch as the show-cause notice was confined to the year 2017-2018, whereas the impugned order passed is

effective from April 1, 2004.

Ms. Mini Pushkarna, learned Standing Counsel appearing for the respondent Nr. DMC on advance notice concedes to this aspect and states that respondents intends to withdraw the impugned orders and take fresh action in accordance with law.

Noting the aforesaid submission, the impugned notice dated May 21, 2018 and impugned order and calculation sheet both dated October 5, 2018 are set aside.

The petition is disposed of.

CM No. 26857/2019 (for stay)

Dismissed as infructuous.

copy of this order be given dasti under the signatures of the Court Master.

MAY 30, 2019/jg

V. KAMESWAR RAO, J