Tuesday 24 August 2021

Whether court can direct Municipal Corporation to follow a particular method for assessing the property's rateable value?

  So far as first question is concerned, it has to be noted that there are number of methods for arriving at a rateable value such as i) Direct Rental Evidence, ii) Rental Evidence Based on Comparables, iii) Contractor's Test or Standard Rent Theory, iv) Profit Method or Accounting Method and v) Percentage of Gross Takings, a variant of Account Method. The Apex Court in the case of Municipal Corporation of Greater Bombay v. Royal Western India Turf Club Ltd. (supra) and Division Bench of this Court in the case of Kantilal Dharsi Desai v. Karmala Nagar Palika and Ors. (supra) have held that discretion was vested with the Corporation to decide which method should be followed for the purpose of assessing rateable value of the property and what was essential was different method to be followed. The rateable value which was arrived at was required to be fair and impartial. Submissions made by the learned Counsel for the appellants, therefore, that "Profit Method" ought to have been adopted by the Corporation, cannot be accepted. Ratio of the judgments on which reliance has been placed by the appellants that "Profit Method" should be adopted, therefore, will not be applicable to the facts of the present case. {Para 8}

Bombay High Court
Pranlal K. Doshi And Ors. vs Municipal Corporation Of Greater ... on 31 October, 2007
Equivalent citations: 2008 (2) MhLj 86
Author: V Kanade

Bench: V Kanade
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