Court : Delhi
Reported in : 112(2004)DLT1
..... as there was no other ground of rejection conveyed to the appellant as envisaged under 241(2) of the new delhi municipal council act.3. mr. gupta has contended that appeal was filed before the lt. governor under section 256 of the new delhi municipal council act, 1994. the lt. governor also committed an error as the lt. governor reversed the finding of the appellate ..... appellate authority has taken into consideration the said division bench judgment of this court which was prior to coming into force of ndmc act, 1944 when punjab municipal act, 1911 was in force. after the new delhi municipal council act 1994 having come into force and master plan, 2001 having coming into force unified building bye-laws occupy the field, the reliance placed ..... scrutinizing the building plans afresh was not permissible in law. it was contended that impugned order is in contravention and violation of provisions of section 241 of the new delhi municipal council act, and thereforee, the same is without jurisdiction and void. it was contended by mr. gupta that respondent/ndmc has jurisdiction to reject the plan, as envisaged under ..... single storey building as such proposal submitted is not permitted.'aggrieved by the said rejection, the petitioner filed an appeal before the appellate tribunal, mcd, delhi as provided under the new delhi municipal council act, 1994. the appellate authority, though agreed with the petitioner in the appeal and held that the rejection of the plans were not in accordance with the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 152(2008)DLT117(SC); JT2008(10)SC109; 2008(11)SCALE742; (2008)8SCC765
..... as well as without jurisdiction and declared that the building plans submitted by the respondents, are deemed to have been sanctioned under section 241(2) of the new delhi municipal council act, 1994 (for short 'ndnc act'). further, the new delhi municipal council is directed to return the building plans submitted by the respondents with an endorsement 'sanctioned' within the time specified in the order.3. the relevant facts emerging ..... of the constitution, the executive power of the union extends to the matters with respect to which parliament has power to make laws. the parliament has enacted the delhi development act, 1957 and the new delhi municipal council act, 1994. article 73 does not define what an executive function is, neither does it mention the matters over which the executive power is exercised. the extent defined in ..... in the area. on july 27, 1993 objections were invited to the zonal development plan whereas on may 25, 1994 the new delhi municipal council act, 1994 came into force.5. the respondent nos.1 to 9 purchased plot no. 47, amrita shergil marg, new delhi by a registered sale deed on october 28, 1994, in execution application which was filed pursuant to a decree passed in .....Tag this Judgment!
Court : Delhi
Reported in : 2003IVAD(Delhi)463; AIR2003Delhi295; 104(2003)DLT808; 2003(68)DRJ539
..... for redressal of the grievances.2. the petitioners before this court are owners of properties located in the jurisdiction of new delhi municipal council (ndmc) and are governed by the provisions of the new delhi municipal council act, 1994 (hereinafter to be referred as, 'the said act'). there are both residential and commercial properties.3. in order to appreciate the contours of the disputes, which have ..... for mcd that in case of self-occupied properties, mcd continued to fix the rateable value on the basis that the property is governed by the delhi rent control act. in that judgment, the new delhi municipal council house tax bye-laws, 1982 have also been referred to. it may, however, be relevant to state that though these bye-laws are of 1982 ..... sub-section (2) of section 1 of the rent act.12. the effect of the amendment was that premises, ..... commencement of the delhirent control (amendment) act, 1988 for a period often years from thedate of completion of such construction.'11. it may also be noted that the rent act extends to the areas included within the limits of new delhi municipal council, delhi cantonment board and such urban areas within the limits of the municipal corporation of delhi as are specified in terms of .....Tag this Judgment!
Court : Delhi
Reported in : 147(2008)DLT670; 2008(101)DRJ126
..... writ petitions raise similar questions of law and fact and consequently are being disposed of by this common judgment.2. the writ petitions were filed against the new delhi municipal council created under the provisions of the new delhi municipal council act, 1994 and performing functions there under.3. it is necessary to consider certain essential facts leading up to the filing of the writ petitions which are noticed ..... clubbing of sites by the licensees. the authorities were of the view that the shifting/relocation of the licensees is an administrative matter. this decision was thereforee placed before the new delhi municipal council only for its information.37. it is noteworthy that the committee had also noticed that the 40 shops which are to be relocated were providing services to the patients/attendants ..... rail corporation ltd. before this court, has filed two letters dated 24th july, 2007 and 27th september, 2007 received by the dmrc from the new delhi municipal council. by the letter dated 24th july, 2007, the ndmc had conveyed the list of shops/kiosks/stalls for relocation in the descending order and had also intimated the area as ..... partner shri arun gandhi. it has been pointed out that his late father shri r.n. gandhi was allotted the kiosk bearing no. s-52 at safdarjung hospital main gate, new delhi-110029 on 1st march, 1973 for the purposes of selling tea and tobacco products and allotted space of 77 sq. fts. by a letter dated 7th september, 1991, the ndmc .....Tag this Judgment!
Court : Delhi
Reported in : AIR2005Delhi236
..... the shops. they fixed shutters on the front of the veranda and thereby amalgamated the veranda space within their shops.53. solution to this act of the shopkeepers was simple. under the punjab municipal act, 1911 and under the new delhi municipal council act, 1994, no person can effect any construction which includes re-erection or further construction to an existing premises without the prior sanction of the ..... .1. petitioners are holding a perpetual lease in their names executed by the l&do; for shops in bhagat singh market, new delhi. bhagat singh market was earlier in an area under the control of new delhi municipal committee, now, under the jurisdiction of new delhi municipal council.2. the lease deeds being identical, the one in favor of petitioner in wp(c) no.427/1977 sh.k.s ..... . constitutionality of this provision still subsists and that is why it is a part and parcel of the valid law. the said section of the punjab municipal act, 1911 stands extended to the limits of new delhi municipal committee by a notification no.f.3(5)/56-lsg dated 3.6.58. it is not the contention of the committee to acquire the rights of ..... . the public notice reads as under:-'public notice(notice under section 171(4) punjab municipal act.1911)whereas the chief commissioner, delhi under notification no.f.3(5)/56-lsg dated 30.6.58 extended section 171 of the p.m. act to the new delhi municipal committee.whereas under reso.no.2 of special meeting held on 6.2.76 the committee has decided to give .....Tag this Judgment!
Court : Delhi
Reported in : 2007(96)DRJ366
..... thereafter, the petitioner received the impugned demand notice dated 18.1.2005 stating that it was a being demand for property tax under section 100 of the new delhi municipal council act, 1994. questioning this demand notice, the petitioner filed the present writ petition.11. the reply filed by the ndmc states that after the execution of the ..... s. muralidhar, j.1. the petitioner, an allottee of stall no. 46, municipal market, jan path, new delhi, challenges the demand notice dated 18.1.2005 issued by the new delhi municipal council ('ndmc'), calling upon him to pay rs. 4,58,823/- on account of license fee for the period ending in january 2005. there ..... ndmc within 7 days for executing fresh license deed, affidavit to the effect that he did not own any shop in delhi, to make a fresh security deposit of rs. 5040 and pay municipal charges of rs. 1260/- from 30.3.1993 onwards. the petitioner's son on 9.5.1994 made security deposit ..... on 22.3.1994, the fact that the son of the petitioner on 9.5.1994 made the security deposit, signed the license deed and paid the municipal charges, is all not denied. it is stated that these are a 'matter of record'. it is not even denied that although the son of ..... . the case of the petitioner is entirely different as he parted with the possession of his son after completion of all the required formalities of the council.14. it is reiterated that:respondent is still ready to add his name with the name of his son, subject to the condition that the petitioner .....Tag this Judgment!
Court : Delhi
..... property no. 31, rajdoot marg, diplomatic enclave, chanakya puri, new delhi. it is stated that in a budget speech by the finance minister, gnctd for the year 2003 ..... of mandamus to the respondents government of national capital territory of delhi ('gnctd'), respondent no. 4 and the union of india, respondent no. 5 to implement the policy declared by them for reduction of stamp/transfer duty by exercising the statutory powers under the new delhi municipal council act, 1994 ('ndmc act') and the delhi municipal corporation act, 1957 ('dmc act').2. the petitioner states that she is a purchaser of ..... petitioner that from 1957 to 2003 transfer duty had been levied at the same rate for whole of delhi although under two different enactments, viz., dmc act and punjab municipal act, 1911 ('pma'). after the ndmc act came into effect in 1994, the transfer duty in respect of new delhi area was 5%. since this was the rate adopted by the ndmc, however a policy decision was .....Tag this Judgment!
Court : Delhi
Reported in : 154(2008)DLT50; 2009LC(DEL)773
..... present suit was filed after a period of five years therefrom. it is, therefore, stated that the plaint is barred by limitation as prescribed under the limitation act and under section 363 of the new delhi municipal council act 1994. in support of his submissions, counsel for the defendant relied upon the following judgement:(1) union of india v. kedar nathbabulal : air1959pat252 .(2) h ..... .d. shourie v. muncipal corporation of delhi and anr. : air1987delhi219 .(3) administrator of union territory of deman and diu and ors. v. r.d. valand .3. counsel for ..... considered in the case of h.d. shourie v. municipal corporation of delhi and anr. reported at : air1987delhi219 , in the context of calculation of the period of limitation. in the aforesaid case, ..... an arrear of tax under this act.provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.5. the provisions of section 363 are para materia with section 455 of the delhi municipal corporation act 1957. the aforesaid provision was .....Tag this Judgment!
Court : Delhi
Reported in : 142(2007)DLT173
..... 36,000. the petitioner claims that the respondent failed to disclose this information in response to a notices issued to him under section 77 of the new delhi municipal council act 1994 ('ndmc act') for the assessment years 1998-99 and also 1999-2000. in reply to both these letters the petitioner disclosed that the property was a self- ..... s. muralidhar, j. 1. this writ petition filed by the new delhi municipal council (ndmc) challenges an order dated 7.12.2004 passed by additional district judge (adj) delhi in house tax appeal no. 375 of 2004. by the impugned judgment the learned adj allowed the appeal filed by the respondent herein ..... against an assessment order dated 5.8.2004 passed by the assessing officer re-fixing the rateable value in respect of the property at 9, jor bagh, delhi retrospectively from 1.6.1995 at rs. 5,15,000 and from 1.9.2002 at rs. 26,55,500.2. the respondent is the sole ..... respondent against such bills, cannot now be heard to say that there was any a willful suppression of information in terms of section 77(3) of the act. 12. the contention of the respondent that section 77(3) does not give an open-ended time frame for completion of the revision of assessment also ..... having waived the right to receive a notice under section 72 in the vent of failing to furnish information under section 77. sections 72 and 77 of the act read as under:72. amendment of assessment list.-- (1) the chairperson may, at any time, amend the assessment list--(a) by inserting therein the name .....Tag this Judgment!
Court : Delhi
Reported in : 62(1996)DLT120
..... obliged to pursue an onerous or inefficacious alternative remedy.(3) at the outset i must make it clear that the new delhi municipal council act is a complete code in itself. it lays down the procedure for assessing the property of the said act providing the machinery to resolve the dispute pertaining to the levy assessment or collection of property tax and proceed to ..... of the amount of tax demanded by the municipal corporation and thus it affects substantive right of appeal under section 115 of the ..... the assessment made under the machinery provided by the ndmc act, even if based on misconstruction of any provision of the relevant act is not a nullity like an order of a court lacking jurisdiction.(6) learned counsel for the petitioner has invited my attention to section 116 of the new delhi municipal council act, 1994 in support of his contention that the remedy provided ..... under the act is inefficacious as it imposes the condition for deposit .....Tag this Judgment!