- (1.) Leave granted. Heard counsel for both the parties.
(2.) This appeal is preferred by the Municipal Corporation of Delhi (Corporation) against the judgment and order of the Delhi High Court dismissing the writ petition filed by it. The matter pertains to assessment of property tax. Ms. Madhu Tewatia, learned counsel for the appellant-Corporation, submits that the problem arising herein is a common one and the decisions of the nature questioned herein are resulting in loss of substantial revenue legitimately due to the Corporation and, therefore, the questions arising herein must be decided by this Court authori-tatively to serve as a guidance to the authorities under the Delhi Municipal Corporation Act, 1957 (Act).
(3.) Saket Properties Private Limited constructed a multi-storeyed building on plot No. 21, Yusuf Sarai Community Centre, New Delhi. Flats Nos. 302, 303 and 305 on the third floor of the said building were allotted to the respondent-Trigon Investment and Trading Private Limited-under a letter of allotment dated February 29,1984 (Annexure R-1) subject to the terms and conditions mentioned therein. The respondent accepted the allotment and paid a sum of Rs. 2,35,000/- by way of earnest money to Saket Properties. On February 23, 1986, says the respondent, possession of the said flats was handed over to and accepted by them (Annexure R-2). Neither the Saket Properties nor the respondent intimated the Corporation of the said allotment or delivery of possession. This is an admitted fact. It is also the admitted case of the parties that so far no sale deed (s) has been executed and/or registered in respect of the said flats- as appears to be the general position and practice obtaining in Delhi.;