G.S. Sistani, J. - (1.) PARTIES in these writ petitions are common. The writ petitions pertain to different assessment years. Counsel for the parties agree that all the writ petitions can be disposed of by a common order. For the sake of convenience, the facts of the Writ Petition No. 2067/2012 are being noticed. Aggrieved by the judgment dated 13.1.1999 passed in House Tax Appeal No. 485/1997 by the Additional District Judge, Delhi, the petitioner has preferred the present writ petition. The facts as set out in the petition are that that Oxford Senior Secondary School society acquired land measuring 3.57 acres at a premium of Rs. 12.0 lacs and out of the total land of 3.57 acres, the land measuring 2 acres were meant for construction of a school building and the remaining land measuring 1.57 acres was meant for a playground and was not being constructed upon. While assessing the rateable value the assessing authority took into consideration the market value of only 2 acres of land for the purposes of fixing the rateable value of the property in question. The assessing authority also took into account the cost of construction, as per the balance -sheet of the assessee. The assessing officer also considered that the construction at the premises was carried out at different phases and the first phase of construction was carried out during February and March, 1984 and thus the rateable value of the first phase of construction was fixed at Rs. 1,15,800/ - w.e.f. 1.4.1984 by taking the market value of land at Rs. 12.0 lacs and the cost of construction at Rs. 3,59,653/ - as given by the assessee. It was also noticed that w.e.f. September, 1985 regular construction was commenced on the basis of a sanctioned plan and after demolishing the temporary construction built on 1984; the market prince of the land in the year 1985 was taken in as Rs. 8.0 lacs per acre, and the cost of construction as declared by the assessee was taken at Rs. 20,59,277/ - and accordingly the rateable value was fixed at Rs. 2,71,700/ - w.e.f. 1.7.1986 after giving 10% rebate for maintenance. Similarly the third phase of construction was carried out in the year 1987. The rateable value of the additions was fixed at Rs. 2,57,680/ - w.e.f. 1.7.1987 on cost of construction as declared by the assessee at Rs. 31,70,464/ - plus cost of demolished structure at Rs. 3.0 lacs.
(2.) THE fourth phase of construction was carried out in 1988 by spending Rs. 9,35,238/ -, on which additional rateable value was fixed at Rs. 69,440/ - w.e.f. 1.7.1988, thus the total rateable value was fixed at Rs. 5,98,820/ - w.e.f. 1.7.1988. Due to amendment in the Delhi Rent Control Act, the rateable value was calculated at Rs. 7,25,850/ - by calculating standard rent @ 10% instead of 8.25%.
(3.) THE rateable value at Rs. 3,87,810/ - w.e.f. 1.7.1989, at Rs. 1,25,320/ - w.e.f. 1.4.1992 were fixed on additional cost of construction at Rs. 43,09,012 and Rs. 13,92,406/ -, vide assessment order dated 4.6.1993.;