Wednesday 22 March 2023

Whether plaintiff must pay ad valorem court fees if he is challenging demand notice issued by municipal corporation for specific amount?

 Suit R.C.S. No. 26 of 2021 has been filed challenging the

notice dated 21.06.2021. By this notice a demand has been

raised by the Municipal Corporation for a sum of Rs. 7,57,203/-

seeking reimbursement of expenses incurred in cleaning the

nallah on the basis that it was obligation of the petitioner to

clean the nala, and as the obligation was not complied by the

petitioner, the said work was undertaken by the Municipal

Corporation.{Para 6}

7. It is clear that although one of grounds of challenge is to

the obligation of the Municipal Corporation by relying upon the

provisions of the Corporation Act, what has been challenged in

effect is a demand notice which has been issued by the Municipal

Corporation seeking to recover the amount. In my view, the

submissions raised by the learned counsel for the petitioner as

regards the authority of the corporation and on the lease deed

are in fact grounds in support of the challenge to the demand

notice. The subject matter of the suit has been valued at Rs.

1,000/- on the ground that the petitioner is claiming declaration

and the notice is not susceptible to the monetary valuation and

as such has been valued under Section 6(iv)(a) of the

Maharashtra Court Fees Act. In my view since the demand

notice which is under challenge seeks to recover a monetary

component, it cannot be said that notice is not susceptible to

monetary valuation as submitted.

10. In my view, the Petitioner seeks adjudication of demand

notice seeking to recover a sum of Rs. 7,57,203/ which is capable

of monetary valuation and hence the impugned order directing

to value the suit as per the provisions of Section 6(iv)(a) of the

Maharashtra Court Fees Act is proper and deserves no

interference at the hands of this Court.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 3692 OF 2022

The Aurangabad Jilha Chemists and Druggists Association Vs

The Municipal Corporation, Aurangabad

CORAM : SHARMILA U. DESHMUKH, J.

DATE : 16TH JANUARY, 2023.

Citation: 2023 Lawweb (Bom HC ) 13.


. Heard.

2. The petition challenges the order dated 11th November,

2021, passed by the Trial Court in R.C.S. No. 26 of 2021,

whereby the petitioner was directed to value the suit as per

Section 6(iv)(a) of the Maharashtra Court Fees Act on or before

next date and pay proper court fees.

3. R.C.S. No. 26 of 2021 was instituted by the petitioner

challenging the notice dated 21.06.2021 issued by the Municipal

Corporation Aurangabad raising a demand of Rs. 7,57,203/- upon

the petitioner. It is the case of the petitioner in the suit that by a

registered lease deed executed between the parties the nallah

belt was given on lease and construction over nallah belt was

undertaken by the petitioner pursuant to the development

permission granted by the Municipal Corporation. It is also the

case in the suit that as per the agreement between the parties,

the respondent is under obligation to clean the nala which is

flowing below the building and not entire stretch and the

expense of Rs 7,57,203/ which is sought to be claimed shows that

the liability of cleaning the entire stretch of nallah is sought to be

foisted on the Petitioner. The challenge to the notice is on an

additional ground that as per the provisions the Section 153 of

the Maharashtra Provincial Municipal Corporation Act (for short

“Corporation Act”), it is the duty of the Municipal Corporation to

clean the nala and the demand raised by the notice dated

21.06.2021 is illegal and without authority of law.

4. Learned counsel for the petitioner submits that the suit

has been correctly valued U/Sec. 6(iv)(j) of the Maharashtra

Court Fees Act as the suit was for declaration and the subject

matter in dispute is not susceptible of monetary valuation and

has accordingly paid the court fees. He would further submit

that, it is clear from the prayers in the plaint that the petitioner

seeks a declaration about the duty of the Municipal Corporation

to clean the entire nala. He would further submit that although

the demand notice makes a mention of amount of Rs. 7,57,203/-,

the challenge is on jurisdictional issue. In support of his

contentions, the learned counsel has relied upon following

decisions of this Court.

I. Vrindavan (borivali) Co-operative Housing Society Limited

Vs. Karmarkar Bros. and others reported in 1982 Mh.L.J

607.

II. Rajaram Bhagwati Tiwari and others Vs. Municipal

Corporation of Greater Bombay and others reported in

2004(3) Mh.L.J. 290.

III. Maria Philomina Pereira Vs. M/s Rodrigues Construction

reported in 1990(1) Mh. L. J. 445.

5. I have considered the submissions of the petitioner.

6. Suit R.C.S. No. 26 of 2021 has been filed challenging the

notice dated 21.06.2021. By this notice a demand has been

raised by the Municipal Corporation for a sum of Rs. 7,57,203/-

seeking reimbursement of expenses incurred in cleaning the

nallah on the basis that it was obligation of the petitioner to

clean the nala, and as the obligation was not complied by the

petitioner, the said work was undertaken by the Municipal

Corporation.

7. It is clear that although one of grounds of challenge is to

the obligation of the Municipal Corporation by relying upon the

provisions of the Corporation Act, what has been challenged in

effect is a demand notice which has been issued by the Municipal

Corporation seeking to recover the amount. In my view, the

submissions raised by the learned counsel for the petitioner as

regards the authority of the corporation and on the lease deed

are in fact grounds in support of the challenge to the demand

notice. The subject matter of the suit has been valued at Rs.

1,000/- on the ground that the petitioner is claiming declaration

and the notice is not susceptible to the monetary valuation and

as such has been valued under Section 6(iv)(a) of the

Maharashtra Court Fees Act. In my view since the demand

notice which is under challenge seeks to recover a monetary

component, it cannot be said that notice is not susceptible to

monetary valuation as submitted.

8. In support of his contention, the learned counsel for the

petitioner has relied upon the decision of Rajaram Bhagwati

Tiwari and others Vs. Municipal Corporation of Greater

Bombay and others (supra) and invited attention of this Court to

paragraph No. 11. In the said decision this Court has held that

Section 6(iv)(j) of the Maharashtra Court Fees Act is in a sense a

residuary section which seeks to carve out an exception to the

general rule, which is laid down U/Sec. 6(iv)(d). In my opinion,

the said decision does not assist the case of the petitioner for the

reason that the same applies to the subject matter which is not

susceptible to monetary valuation.

9. So far as decision in the case of Vrindavan (Borivali) Cooperative

Housing Society Limited Vs. Karmarkar Bros. and

others (supra) is concerned, the said decision has been rendered

in the facts of that case, where the relief was sought as to the

declaration that plaintiffs-society is a co-operative housing

society is in possession of the said building known as ‘Umanagar’

situated at Boriwali (East) and thereafter the consequential

relief of declaration was sought. The observation of this Court in

the facts of that case were that suit was not simplicitor for

specific performance but it was a suit to enforce the compliance

with the statute. In my view in the present case the suit

specifically challenges the demand notice raised by the Municipal

Corporation seeking to recover Rs. 7,57,203/- and as such it

cannot be said that the suit is only for the compliance of the

provisions of the Corporation Act. In the present case it is only a

ground in support of challenge raised to the demand notice. In so

far as decision in the case of Maria Philomina Pereira Vs. M/s

Rodrigues Construction (supra) is concerned, said decision arises

in the context of Section 6(xi) of the Bombay Court Fees Act

pertaining to the compliance of a statutory obligation. As

already observed above, in the present case, it is not merely a

compliance of statutory obligation which is sought by way of suit

but a specific challenge to the demand notice.

10. In my view, the Petitioner seeks adjudication of demand

notice seeking to recover a sum of Rs. 7,57,203/ which is capable

of monetary valuation and hence the impugned order directing

to value the suit as per the provisions of Section 6(iv)(a) of the

Maharashtra Court Fees Act is proper and deserves no

interference at the hands of this Court.

11. The writ petition is devoid of merits and same is

accordingly dismissed.

[SHARMILA U. DESHMUKH, J.]


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