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april 2011

Supreme Court of India · 2011-04-06

Pradeep Oil Corporation vs Municipal Corporation Of Delhi & Anr

Citation / case number
AIR 2011 SUPREME COURT 1869
Court
Supreme Court of India
Petitioner
Pradeep Oil Corporation
Respondent
Municipal Corporation Of Delhi & Anr
Author
Mukundakam Sharma
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court addressed the distinction between a lease and a license in the context of an agreement for the erection of oil storage tanks and related facilities. The Court held that the appellant, granted exclusive possession and rights under the Government Grant Act, was a licensee and not a lessee, thus exempt from property tax under Section 20(2) of the Delhi Municipal Corporation Act, 1957. The Court overturned the Full Bench decision of the Delhi High Court, reaffirming the nature of the agreement as a license.

Pradeep Oil Corporation vs Municipal Corporation Of Delhi & Anr · Niyam