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FA/1726/1995 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1726 of 1995
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Appellant(s)
Versus
C
M C (INDIA) PVT.LTD. - Respondent(s)
=========================================================
Appearance
:
MR
BHASKAR P.TANNA, SR.ADVOCATE WITH MR BHAVDUTT H.BHATT FOR TANNA
ASSOCIATES for
Appellant(s) : 1,
Respondent :
SERVED.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 15/09/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Challenge
in this Appeal filed under Section 411 of the Bombay Provincial
Municipal Corporations Act, 1949 (‘BPMC Act’, for short) is to the
correctness of the judgment and order dated 20th December
1992 rendered in Municipal Valuation Appeal No.15750/1992 by the
learned Judge, Small Causes Court, Ahmedabad and thereby the Gross
Rateable Value fixed by the appellant at the rate of Rs.18,373/- in
respect of the premises bearing Municipal Census No.C1A-10 of Ward
Odhav-GIDC has been modified to Rs.5,124/- for the year 1992-93.
Mr.Bhaskar
Tanna, learned senior counsel for the appellant submitted that the
order which is impugned in the Appeal is a printed and cryptic order
without assigning any reason. Therefore, the same is required to be
quashed and set-aside and the Municipal Valuation Appeal
No.15750/1992 be restored and remanded to the files of the learned
Judge, Small Causes Court, Ahmedabad for deciding the same afresh
after giving ample opportunity of leading the evidence to both the
parties strictly in accordance with law.
Though
the respondent is duly served, he elected not to remain present
before the Court.
We
have considered the submissions advanced by Mr.Bhaskar Tanna,
learned senior counsel for the appellant. On perusal of the impugned
order, it is seen that the same is on the printed form and only the
blanks are filled up without assigning any reason. Therefore, the
impugned order deserves to be quashed and set-aside by allowing this
Appeal and thereby restoring and remanding the Municipal Valuation
Appeal No.15750/1992 to the files of the learned Judge, Small Causes
Court, Ahmedabad for deciding the same afresh after giving ample
opportunity of leading the evidence to both the parties strictly in
accordance with law.
For
the foregoing reasons, the Appeal succeeds and accordingly it is
allowed. The order impugned in the Appeal is quashed and set-aside.
The Municipal Valuation Appeal No.15750/1992 is restored and
remanded to the files of the learned Judge, Small Causes Court,
Ahmedabad for deciding the same afresh after giving ample
opportunity of leading the evidence to both the parties strictly in
accordance with law. No
order as to cost.
Registry
is
directed to send the records and proceedings to the Court below
forthwith.
(A.M.Kapadia,
J.)
(J.C.Upadhyaya,
J.)
/moin
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