This Bench disposed of two connected contempt petitions challenging compliance with an order dated 05.08.2015. The State Counsel submitted that compliance had been achieved. The Court found no grounds for further interference and dismissed the petitions.
Petitions stand disposed of accordingly.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 949/2016
Vimal Chaudhary S/o Shri Chuttan Lal Chaudhary, R/o 86 D. Ganesh Nagar, Vijay Path, Tilak Nagar, Jaipur
----Petitioners
Versus
----Respondents
Connected With
D.B. Civil Contempt Petition No. 4/2017
Vimal Chaudhary S/o Shri Chuttan Lal Chaudhary, R/o 86 D. Ganesh Nagar, Vijay Path, Tilak Nagar, Jaipur
----Petitioner
Versus
----Respondents
(2 of 3)
[CCP-949/2016]
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
17/12/2019
We have heard learned counsel for the parties and have gone through the record available on the file carefully.
Operative part of the order dated 05.08.2015 reads as
under:-
“ 7. The citizens of the Jaipur do not have a right, nor they can expect the Municipal Corporation, Jaipur, JDA, JVVNL and the PHED, to continue to provide services to them, with such arrears of tax. The State Government must consider to impose taxes on all properties irrespective of their plot size, inasmuch as all the citizens living the houses constructed in the City of Jaipur avail the services. The plot size should not be the criteria. The Jawaharlal Nehru National Urban Renewal Mission, has provided sufficient guidelines for bringing in all those areas, which are left out from imposition of property tax in urban areas for satellite imaging and by imposing reasonable and rationale tax for the services rendered. The citizens must contribute by paying taxes, for providing civic services. In our view, every person who owns a building, must pay taxes on such rates as the State Government may deem fit, except 'Juggi Joopdi’ clusters, where taxes may be imposed collectively. The self assessment is considered to be a best method with random sample survey. The entire details of the urban taxation have been provided in the Jawaharlal Nehru National Urban Renewal Mission, which must be implemented in the cities of Rajasthan. The imposition of tax for services will not only compensate the services, but will also inculcate discipline and participation in the development of the City.
8. As regards the arrears of tax is concerned, the Municipal Corporation, Jaipur must carry out a special drive to recover all the arrears, failing which the electricity and water connections must be disconnected after due notice. The special drive will be undertaken by the Municipal Corporation, every three months, for collection of urban development tax.
(3 of 3)
[CCP-949/2016]
9. We appreciate the anxiety of the appellant for maintaining hygiene and cleanliness in the areas, especially the area in which he resides. We hope and trust that the Municipal Corporation, Jaipur will take sufficient steps for fencing of the open areas, which are used for human defecation, and construct sufficient number of public toilets, including toilets constructed and maintained by 'Sulabh Shochalaya', to maintain the cleanliness of the area.”
Learned State Counsel has submitted that the order in question passed by this Court has been duly complied with in the best possible way.
It is hoped that in future also Municipal Corporation will make strenuous efforts to keep the city clean by formulating an action plan.
Hence, no ground for further interference is made out.
Petitions stand disposed of accordingly.
(NARENDRA SINGH DHADDHA),J
Gourav/Jatin /7-8
3 issues framed by the court
Whether the prior order dated 05.08.2015 regarding property tax arrears and civic services has been duly complied with.
Whether there is any ground for further interference with the compliance of the Municipal Corporation, Jaipur.
Whether the petitions challenging the compliance should be disposed of or remanded.
Vimal Chaudhary
Manjeet Singh
Hemant Gera
Ravi Jain
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
