DB closes PIL on Property Tax

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, July 31: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal has closed the Public Interest Litigation (PIL) regarding Property Tax by treating as writ petition.
After hearing Advocate Parveen Kapahi for the PIL whereas Advocate General DC Raina with Advocate Monika Kohli for the UT, DB observed, “this Public Interest Litigation (PIL) has been filed by the petitioner seeking quashment of Notification SO 87 dated 21.02.2023 issued by Commissioner-cum-Secretary Housing and Urban Development vide which, the rules for levy, assessment and collection of Property Tax in the Municipalities and Municipal Councils of UT of J&K has been notified”.
Advocate Parveen Kapahi submitted that respondent has no jurisdiction to issue such a notification imposing Property Tax. On the other side, Advocate General DC Raina assisted by Senior AAG Monika Kohli submitted that there is another matter bearing WP(c) No. 1038/2023 titled Hanan Moumin Feroq Khan Versus UT of J&K and Ors., challenging the vires of the notification by certain private individuals pending in the Srinagar Wing of the High Court.
“This court is thus confronted with the situation where on the one hand, challenge is thrown to the rules imposing Property Tax in the form of PIL, which is to be heard by Division Bench and on the other hand, writ petition involving the similar issue pending before this court is to be heard by Single Bench”, the DB said, adding “since the issue involved in the present PIL is of similar nature, therefore, we club the PIL with the petition, so that aggrieved party may not be deprived of an intra court appellate forum”.
In these circumstances, the Division Bench deemed it appropriate to convert the PIL as a writ petition and remand the matter to Single Judge. DB also directed for clubbing of petition along with present PIL so that these petitions can be heard together by the appropriate bench.

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