MUNICIPAL CORPORATION OF DELHI Vs. RISHI RAJ JAIN
LAWS(SC)-2006-9-56
SUPREME COURT OF INDIA
Decided on September 14,2006

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
RISHI RAJ JAIN Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The Respondent is owner of a farm house. He had constructed a dwelling house therein. The area of the farm house is said to be 2.5 acres. The said land is within the agricultural green belt.
(3.) General tax is levied by the Appellant-Corporation in terms of Section 115 of the Delhi Municipal Corporation Act, 1957 ('the Act', for short). Clause (c) of Sub-Section (4) of Section 115 of the said Act exempts agricultural lands and buildings from the purview of levy of General Tax. Dwelling houses, however, are not saved. In terms of the building rules contained in Item II of Appendix 'J' of the Delhi Building Bye-Laws, 1983, construction of dwelling house on agricultural land is permitted with certain restrictions providing : "II. "Agricultural Green Belt" and "Rural" Use Zones;


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