High Court Punjab-Haryana High Court

Rattan Lal Jain vs State Of Punjab And Others on 29 July, 2009

Punjab-Haryana High Court
Rattan Lal Jain vs State Of Punjab And Others on 29 July, 2009
CWP No. 11208 of 2009                 1

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.


                         CWP No. 11208 of 2009

                         Date of decision 29.7.2009


Rattan Lal Jain                              ... Petitioner

                         Versus

State of Punjab and others                   ... Respondents.


CORAM:       HON'BLE MR. JUSTICE M.M. KUMAR

             HON'BLE MR. JUSTICE JASWANT SINGH

Present:     Mr. N.K.Suneja,Advocate for the petitioner

1. Whether Reporters of local papers may be allowed to see the judgement ?

2. To be referred to the Reporter or not ?

3. Whether the judgement should be reported in the Digest ?

M.M.KUMAR, J.

The instant petition is directed against order dated 29.8.2006

(P.5) passed by the Divisional Commissioner, Patiala Division, Patiala

dismissing the appeal filed under Section 146 of the Punjab Municipal

Corporation Act, 1976 (for brevity ‘the Act’). In the appeal, the petitioner

has challenged House Tax Bill No. 30817 dated 11.10.2004 in respect of

property No. 3300 situated in Chhotti Baradari, Patiala for the year 2004-05.

After considering the grounds of appeal filed by the petitioner and hearing

counsel for the respondent the Commissioner found that repeated absence of

the counsel for the petitioner was not bonafide as the petitioner was

interested in continuing with the litigation in order to avoid the payment of

the amount in dispute on one pretext or the other. It is pertinent to notice
CWP No. 11208 of 2009 2

that no appeal could be filed under Section 146 of the Act without

depositing the amount of tax. The Commissioner further found that

deduction has been given in the rate after hearing the assessee and the order

was passed by the consent of the petitioner.

Mr. N.K.Suneja, learned counsel for the petitioner, has

submitted that the property in question was purchased by the petitioner from

the Improvement Trust. In that regard he has placed reliance on a document

dated 3.11.1980 issued by the Patiala Improvement Trust, Patiala showing

the rate at which the property was allotted in a development scheme,

Chhotti Baradari. On that basis the argument raised is that as long as the

property remains under the control of the Improvement Trust, the Municipal

Council or Municipal Corporation cannot have any jurisdiction to assess the

property for the purposes of house tax. He has also argued that no

opportunity of hearing has been afforded to the petitioner and the order

passed by the Divisional Commissioner is in flagrant violation of the

principles of natural justice.

Having heard the learned counsel and perusing the paper book

we are of the view that the instant petition does not merit admission and is

liable to be dismissed. The petitioner has placed on record an order dated

19.3.2004 whereby the property belonging to the petitioner was assessed for

the purposes of house tax by the House Tax Sub Committee. The Sub

Committee after hearing counsel for the petitioner has released the rate of

house tax. It has been found that the total area as per the office report is 465

Sq. yd. and covered area is 4275 sq. ft. The market value of the land has

been assessed at Rs. 12,000/- sq. yds and Rs. 325/- sq. ft. The aforesaid

estimation is based on the explanation tendered by Area Inspector
CWP No. 11208 of 2009 3

regarding quality of construction. Accordingly total valuation of the unit

was assessed and rental value at the rate of 5% of the cost was arrived at

Rs. 3,41,522/- p.a. On the basis of the aforesaid order of assessment bill

dated 11.10.2004 was prepared and sent. The order of assessment has

attained finality and there is no challenge to the aforesaid order. Only House

Tax Bill dated 11.10.2004 has been challenged before the Commissioner

which inevitably is based on the order of assessment dated 19.3.2004.

Therefore, we find that the order of the Divisional Commissioner does not

suffer from legal infirmity warranting interference of this Court.

The argument of the learned counsel that the Improvement

Trust continues to control the property does not have any basis and remains

unsubstantiated. The only reliance by the counsel for the petitioner was on

the order dated 24.5.2006 which is an order passed by the Divisional

Commissioner where the property was found to be under the Control of the

Improvement Trust. But the property herein could not be shown, either

before this Court or before the Commissioner, to be under the control of the

Improvement Trust. In any case, we are not able to appreciate how the

property allotted on 3.11.1980 could continue to be controlled by the

Improvement Trust.

The other argument that principles of natural justice have been

violated has also not impressed us because it is prepasetrous to say that

opportunity of hearing was not given. The petitioner was given repeated

opportunities but he failed to appear before the Divisional Commissioner.

His absence before the Divisional Commissioner was not bona-fide.

Accordingly, we do not find any merit in the petition.

For the reasons aforesaid this petition fails and the same is
CWP No. 11208 of 2009 4

dismissed.





                            (M.M.Kumar)
                              Judge



                            (Jaswant Singh)
29.7.2009                      Judge

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