Resident Welfare Organisation v. M.C.D. & Ors

RAJIV SAHAI ENDLAW, J. AUGUST 10, 2015 bs

PS: This judgment dictated in open Court awaited filing of synopsis by counsel for petitioner; though synopsis was filed but correction of judgment went on backburner. The judgment is released on 17th November, 2015.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10th August, 2015. + W.P.(C) 16767/2004 RESIDENT WELFARE ORGANISATION ..... Petitioner Through: Mr. J.P. Sengh, Sr. Adv. with Mr. Baljit Singh, Mr. Ajai Kumar and Ms. Vanessa Singh, Advs. with Mr. Karnail Chand, A.R. of petitioner. Versus MUNICIPAL CORPORATION OF DELHI & ORS .....Respondents Through: Ms. Amita Gupta, Adv. for MCD. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition seeks mandamus to the respondent Municipal Corporation of Delhi (MCD) to change the category of the colonies of, (i) Krishna Puri; (ii) Krishna Park; (iii) Krishna Park Extension; (iv) Mahavir Nagar (Old and New); and, (v) Ganesh Nagar to 'F' category for the purpose of assessment of property tax under the Unit Area Method. 2. It is the case of the petitioner, a Social Welfare Association of the residents of the said colonies: (a) that under the Unit Area Method brought into force with effect from 1st April, 2004, for assessment of property tax, colonies / localities of Delhi were classified into different categories; (b) that the subject colonies, bounded by Najafgarh Road on one side, Outer Ring Road on the other side and Tilak Nagar on the third side are unauthorized colonies which have come up sometime in the years 1950 to 1955 and were under the domain of the Slum Department of MCD and were regularized / approved by the MCD vide Resolution dated 23rd July, 1970; (c) that the subject colonies classified in category 'D' along with the colonies like Punjabi Bagh, Janak Puri, Narang Colony, Maya Enclave, Mayapuri, Raja Garden, Rajouri Garden, Tagore Garden etc., even though the residents of the subject colonies belong to the poorer strata of the society and are unable to bear the burden of heavier property tax levied on residents of colonies falling in category 'D'; in fact the subject colony of Krishna Puri was placed under a yet higher category 'C', comparing it with Chirag Co-operative House Building Society, Civil Lines, Dilkhush Bagh, Gujrawala etc.; (d) that other unauthorized colonies which have been regularized, falling within the West Zone have been classified either under category 'F' or category 'G'; (e) that the petitioner on 5th July, 2004 represented to the Hardship and Anomaly Committee appointed under Section 116 K of the Delhi Municipal Corporation Act, 1957 (MCD Act); (f) that the Hardship and Anomaly Committee recommended classifying the subject colonies of Krishna Puri, Krishna Park and Krishna Park Extension under category 'D' and the subject colonies of Mahavir Nagar and Ganesh Nagar under category 'E'; (g) that in accordance with the aforesaid recommendations, the category of Krishna Puri which was earlier classified as category 'C' was changed to category 'D' and the category of Mahavir Nagar and Ganesh Nagar which was earlier classified as category 'D' was changed to category 'E'; (h) that however even the Hardship and Anomaly Committee erred in not placing the subject colonies in category 'F'; (i) that the subsequent representations of the petitioner were of no avail. 3. The petition was entertained. 4. MCD filed a counter affidavit pleading, (i) that the Municipal Valuation Committee (MVC) was constituted under Section 116 of the MCD Act to make recommendations on matters relating to classification of vacant lands and buildings in any ward of Delhi into colonies and groups of land and building and fixation of base value per unit area of vacant land and to consider objections under Section 116C; (ii) that the subject colonies were categorised by the MVC after conducting exhaustive public hearings as a part of its consultative process; (iii) that various factors viz. (a) notified land prices; (b) prevalent average rent; (c) age of the colony; (d) access to roads network; (e) type of settlement; (f) level of physical infrastructure; (g) accessibility of market; (h) availability of civil and social infrastructure; (i) economic status of occupants; and, (j