KEDAR NATH Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The following report dated 28th January, 1969 was submitted to this Court by Shri H. L. Garg, Subordinate Judge 1st Class, Delhi :-

(2.) The petitioner made another application dated 23rd August, 1968 wherein it is stated that the respondents had again, vide its bill dated 2nd August, 1968 demanded water tax for the years 1968-69 and directed him to deposit the same. It is stated further, that this persistent defiant attitude constituted clear contempt of court, and that they should be punished for the same.

(3.) In the reply filed on behalf of the respondents it was stated that the petitioner's suit had been decreed mainly on the ground that no public notice as required under section 115 of the D. M. C. Act had been issued or published. It was stated further, that since such a notice had been given by the Commissioner of the Corporation on 1st April, 1959, they were entitled to levy water-tax, although, the said notice could not be produced during the trial of the suit for want of availability of record. It is further stated, that the petitioner can claim refund/ adjustment of the water tax paid by him for the year ending 31st March, 1965, but he is liable to pay the water-tax for the subsequent period, as public notice had been issued, and the levy of water-tax was legal. It was maintained that the respondents have full regird for the orders of the court and that they have not committed any contempt of court.