Supreme Court of India · 2019-08-19
SOUTH DELHI MUNICIPAL CORPORATION vs M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.
- Citation / case number
- SC 2016/4405
- Court
- Supreme Court of India
- Petitioner
- SOUTH DELHI MUNICIPAL CORPORATION
- Respondent
- M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court addressed the maintainability of civil suits concerning property tax disputes under the Delhi Municipal Corporation Act, 1957, specifically referencing Sections 9, 114-135, and 169-171. The Court held that a civil suit is maintainable if there is no express bar against it, emphasizing the need to assess whether the statutory remedy is onerous. The Division Bench's decision to remand the case for fresh consideration was upheld, allowing the learned Single Judge to reevaluate the jurisdictional issues based on the principles established in NDMC v. Satish Chand.