(A.K. Sikri and Ashok Bhushan, JJ.)
New Delhi Municipal Council _______________________ Petitioner;
v.
Association of Concerned Citizens of New Delhi and Others ______________________________________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 23186-23213/2017, decided on December 7, 2017
(For Admission and I.R. and Ia No. 85615/2017-Exemption From Filing C/C of the Impugned Judgment)
With
Diary No(s). 35928/2017 (XIV) (IA No. 118555/2017-Exemption From Filing C/C of the Impugned Judgment and IA No. 118553/2017-Permission to File SLP/TP [to be Taken UP Alongwith SLP(C) No. 23186-23213/2017])
The Order of the court was delivered by
Order
1. Though we have heard the arguments for quite sometime, it may be mentioned that the writ petitioners who have filed the writ petitions in the High Court had challenged the validity of New Delhi Municipal Council (Determination of Annual Rent) Byelaws, 2009 (hereinafter referred to as ‘the Byelaws, 2009’) on various grounds. However, since the High Court accepted the plea of these writ petitioners to the effect that the Byelaws, 2009 are ultra virus the provisions of Section 63 of the New Delhi Municipal Council Act, it has not gone into other grounds of challenge raised by the writ petitioners (respondents herein).
2. In these circumstances, it is stated by Mr. Mukul Rohatgi, learned senior counsel appearing for respondents in one of these petitions that it would be more appropriate if the arguments are heard on all other grounds as well so that the entire case is dealt with by this Court itself and finality is achieved thereby. This suggestions is acceptable to all other learned counsel appearing for the petitioners as well as respondents.
3. In these circumstances, the parties are directed to bring short synopsis stating the other grounds on which the Byelaws, 2009 are challenged. This may be done within a period of three weeks from today. The matters are listed for further arguments on 16.01.2018 as part-heard.
4. We find that some of the house owners/assessees have filed the special leave petitions challenging the High Court’s order as they want to pay the property tax in accordance with the Byelaws, 2009. Learned counsel appearing on behalf of the New Delhi Municipal Council submits that those who want to pay the property tax in accordance with the Byelaws, 2009, the New Delhi Municipal Council will have no objection to accept the tax from those assesses. In view of this, all such parties or other assessees, who may not have come to Court, shall be at liberty to pay the property tax in accordance with the Byelaws, 2009. This, however, shall be subject to the final outcome of these matters.
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