M/S. Shah Promoters and Developers Thr. Its Partners Sanjay and Rajesh C. Shah v. the Municipal Corporation of City of Pune and Ors.
Case brief
What is this about?
Bombay High Court, N. J. Jamadar, J., 9 April 2026; W.P. 4287/2026 and 4400/2026; Shah Promoters and Developers / Sanjay Chandrakant Shah v. Municipal Corporation of Pune. Stay of recovery of property tax for subsequent years refused once Municipal Appeals assail rateable value and tax charge - recovery cannot be stayed under any circumstances; Small Causes Court Pune orders of 8 January 2026 upheld on that point; but sweeping observations of the Small Causes Judge (paras 18-21, Exh. 8 order, M.A. 30/2023; paras 19-22, Exh. 5 order, M.A. 32/2023) clarified away so as not to influence pending Appeals, which are to be decided on merits; petitions disposed, contentions open, expedited hearing requested.
What did the court decide?
Both Petitions disposed with a clarification that the observations in paras 18 to 21 (order below Exhibit 8, Municipal Appeal No. 30 of 2023) and paras 19 to 22 (order below Exhibit 5, Municipal Appeal No. 32 of 2023) shall not be taken into account in the further proceedings or in subsequent challenges to the rateable value and tax charged; all contentions of all parties kept open for adjudication; the learned Judge requested to hear and decide the Appeals as expeditiously as possible.