Disposed

Deepak Agarwal v. Krishna Mohan Uppu Secretary Ndmc

Delhi HC21 Feb 2024CONT.CAS(C)/310/2024

Case brief

AI extract

What is this about?

In a contempt petition alleging willful disobedience regarding property tax assessment, the Court directed the petitioner to cooperate with the NDMC for a fresh hearing. It restrained the NDMC from taking coercive steps against the petitioner until a final decision on tax liability is taken.

What did the court decide?

Petitioner directed to appear for fresh assessment hearing; no coercive steps against petitioner except pursuant to law after final decision.

Deepak Agarwal Vs Krishna Mohan Uppu Secretary Ndmc — Property and Title | Delhi HC (2024)

¶1

$~73

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CONT.CAS(C) 310/2024 & CM APPL. 10638-10639/2024

¶4

DEEPAK AGARWAL ..... Petitioner Through: Mr. Gaurav Gupta, Ms. Sanjana Gupta & Mr. Sushrut Meena, Advs. M: 9818109909 Email: [email protected]

¶5

versus

¶6

KRISHNA MOHAN UPPU SECRETARY NDMC ..... Respondent Through: Ms. Harsha Peechara, SC with Mr. Abhinav Bajaj, ASC, Ms. Harshita Gupta, Mr. Akshat Kulshreshtha, Mr. Shubham Kumar Mishra & Mr. Saksham Ojha, Advs. for R-1. M: 8209994704 Email: [email protected]

¶7

CORAM:

¶8

HON'BLE MS. JUSTICE MINI PUSHKARNA

¶9

O R D E R

¶10

% 21.02.2024

¶11

CM APPL. 10639/2024 (For Exemption)

¶12

Exemption allowed, subject to just exceptions.

¶13

Application is disposed of.

¶14

CONT.CAS(C) 310/2024 & CM APPL. 10638/2024

¶15

3. The present contempt petition has been filed alleging willful disobedience of the order dated 16th October, 2023 passed in W.P.(C) No. 5395/2017.

¶16

This is a digitally signed order.

¶17

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 23/02/2024 at 10:48:52

¶18

Learned counsel appearing for the petitioner submits that by the aforesaid order, the respondent was granted liberty to issue a fresh assessment order following the methodology of Section 63 of the New Delhi Municipal Committee (“NDMC”) Act, 1994. Despite a lapse of four months since this Court gave liberty to the respondent to issue a fresh assessment order, no steps in this regard have been taken.

¶19

It is submitted that rather on 19^th February, 2024, officials of the respondent approached the showroom of the petitioner and wanted to take sealing action thereto. Thus, it is submitted that the action of the respondent is contumacious in nature.

¶20

Issue notice. Notice is accepted by learned counsel appearing for the respondent.

¶21

He submits that though the Enforcement Team of the NDMC had visited the showroom of the petitioner, however, the said action was a routine action against all the properties, wherever Property Tax had not been paid. He further submits that no further action was taken by the Enforcement Team, after the orders passed by this Court were brought to its notice.

¶22

Learned counsel for the NDMC has further handed over a copy of notice of hearing dated 20^th February, 2024 issued to the petitioner.

¶23

He submits that the petitioner has already been called for personal th

¶24

hearing on 27 February, 2024 for the purposes of fresh assessment in terms of Section 63 of NDMC Act, 1994.

¶25

Considering the aforesaid submissions made on behalf of the respondent, it is directed that the petitioner shall cooperate with the NDMC and appear for hearing on the date fixed by the respondent-NDMC.

¶26

It is further directed that no coercive steps shall be taken against the

¶27

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 23/02/2024 at 10:48:52

¶28

petitioner, except in accordance with law, after final decision is taken qua the property tax payable by the petitioner.

¶29

With the aforesaid directions the present petition is disposed of.

¶30

MINI PUSHKARNA, J

¶31

FEBRUARY 21, 2024/kr

¶32

This is a digitally signed order.

¶33

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 23/02/2024 at 10:48:52

Deepak Agarwal v. Krishna Mohan Uppu Secretary Ndmc

Case brief

What is this about?

What did the court decide?

Deepak Agarwal v. Krishna Mohan Uppu Secretary Ndmc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Food Corporation of India Vs Abhinav Kashyap Ans Ors.

Raghunandan Choudhary Vs Dr Dewan Rahul Nanda & Ors.

Lt Cdr Sandeep Bhatnagar Vs Director General Border Security Force & Anr.

Texzone Information Services Pvt. Ltd. Vs Ankur Goel & Ors.

Saraswati Residents Welfare Association Vs Delhi Development Authority

Kulsum Bi Vs Sh. Gyanesh Bharti & Ors.

Achlesh Nigam & Ors. Vs Heera Lal Samariya

Sukomal Alag & Anr. & Anr. Vs S S Rathore & Ors.

Sanjay Tiku & Ors. Vs Reserve Bank of India & Anr.

Food Corporation of India Vs Abhinav Kashyap Ans Ors.

Raghunandan Choudhary Vs Dr Dewan Rahul Nanda & Ors.

Nisha Rani & Anr. Vs Raj Kumar

Sombir Vs Sh Daljeet Singh Chaudhary

Mohd. Arshad Ahmad Vs Pramod Chauhan SHO P.S. Nabi Karim