Preminder Singh & Ors. Vs New Delhi Municipal Council

¶1

$~18

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1561/2016, CM APPL. 6746/2016, CM APPL. 15106/2016,

¶4

CM APPL. 12095/2025 & CM APPL. 12135/2025

¶5

PREMINDER SINGH & ORS. .....Petitioners

¶6

Through: Mr. Zoheb Hossain, Advocate (through VC)

¶7

versus

¶8

NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents Through: Mr. Rajesh Gogna (CGSC) along with Ms. Priya Singh and Ms. Rebina Rai, Advocates M: 7865913196 Email: [email protected] Mr. Yoginder Handoo, ASC and Mr. Ashwin Kataria, Advocate for NDMC-Respondent

¶9

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶10

O R D E R % 09.05.2025

¶11

The present writ petition has been filed seeking orders/directions for quashing the Warrant dated 8th February, 2016, issued by respondent no. 1- New Delhi Municipal Council (“NDMC”), and stay of the Demand Notice dated 9^th January, 2015, issued by the Property Tax Department, NDMC. th 2. When the present matter was listed for hearing on 15 April, 2025, this Court had passed the following order:

¶12

“xxx xxx xxx

¶13

1. Learned counsel appearing for the petitioners submits that the petitioners, have already paid a sum of ₹2,76,84,282/ -, as per

¶14

Page 1 of 3

¶15

This is a digitally signed order.

¶16

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 01/07/2025 at 19:15:16

¶17

Bill dated 04^th December, 2024, Annexure P-2, as raised by the respondent/New Delhi Municipal Council (“NDMC”), without prejudice to their rights and contentions.

¶18

2. He further draws the attention of this Court to Annexure P-8, which is the purported No Dues Certificate issued by the respondent/NDMC, in particular, to paragraph 2 of the same. The said No Dues Certificate dated 07^th January, 2025, is reproduced as under:

¶19

3. Learned counsel appearing for the petitioners submits that since the petitioners have already paid the requisite amount as demanded by the NDMC, he shall withdraw the present writ petition, subject to the fact that the NDMC does not raise further bills against the petitioner towards the property tax, with respect to the period for which the property tax has already been paid.

¶20

4. He states that the property in question was occupied by the Hungarian Information and Cultural Centre, and the same is exempted from payment of property tax by virtue of Article 23 of

¶21

Page 2 of 3

¶22

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 01/07/2025 at 19:15:16

¶23

the Vienna Convention on Diplomatic Relations, 1961 (“Vienna Convention”). Thus, he submits that any property occupied by the Republic of Hungary and other countries, which are signatories to the Vienna Convention, are exempted from payment of property tax.

¶24

5. Learned counsel appearing for Union of India supports the aforesaid submission.

¶25

6. Accordingly, learned counsel appearing for respondent/NDMC, is directed to seek instructions, as regards paragraph 2 of the No Dues Certificate dated 07^th January, 2025, as reproduced hereinabove.

¶26

7. Re-notify on 02^nd May, 2025.”

¶27

Today, learned counsel appearing for the NDMC submits that, as on date, no dues towards property tax payment for the property bearing ID No. P-9066, is pending against the petitioners with respect to the period, which is subject matter of the present writ petition.

¶28

The aforesaid statement made by learned counsel appearing for the NDMC is taken note of, and the NDMC is held bound by the said statement. 5. Accordingly, no further orders are required to be passed in the present writ petition.

¶29

However, in case, any further action is initiated by the NDMC qua the period, which is subject matter of the present writ petition, the petitioners shall be at liberty to seek remedies in accordance with law, including, reviving the present petition.

¶30

Noting the aforesaid, the present writ petition, along with the pending applications, is accordingly disposed of.

¶31

MINI PUSHKARNA, J

¶32

MAY 9, 2025 ak

¶33

Page 3 of 3

¶34

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 01/07/2025 at 19:15:16

Preminder Singh & Ors. v. New Delhi Municipal Council

Case brief

What is this about?

What did the court decide?

Preminder Singh & Ors. v. New Delhi Municipal Council

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Nikon Finlease Pvt. Ltd. Vs Pr. Commissioner of Income Tax -04, Delhi & Ors.

Sqn Ldr Swati Prakash Vs Union of India & Ors.

Mr. Vinod Sharma Vs Municipal Corporation of Delhi

Ajay Prakash Mishra Vs the Registrar Cooperative Societies through Assistant Registrar & Anr.

Maanoj Agarwala Vs Idbi Bank

Loconav India Pvt. Ltd. Vs Assessment Unit Income Tax Department Delhi and Anr.

Sandeep Chopra Vs Commissioner of MCD & Ors.

Rajkumar Sukhdevsinhji & Anr. Vs Idbi Bank

Mr. Vinod Sharma Vs Municipal Corporation of Delhi

Jasdeep Singh Vs Gurpreet Singh

Chiranjeet Shah & Ors. Vs Municipal Coporation of Delhi

Praveen Kumar Dwivedi and Anr. Vs Bses Yamuna Power Limited & Anr.

Sh. Surendar Kumar Sharma Vs Municipal Corporation of Delhi & Anr.

Nitin Saxena & Anr. Vs Municipal Corporation of Delhi