Delhi High Court

Assessment bills issued without statutory procedure must remain in abeyance pending consideration of objections.

Lalit Mohan Kapur vs Sh Keshav Chandra And Ors

Delhi High CourtJUDGMENT: August 03, 20263 MIN READSOURCE JUDGMENT
Assessment bills issued without statutory procedure must remain in abeyance pending consideration of objections.. Lalit Mohan Kapur vs Sh Keshav Chandra And Ors. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner alleged wilful disobedience of the Delhi High Court’s order dated 12 May 2026 in W.P.(C) 6420/2026, whereby the respondents had been directed to provide him, by e-mail, extracts from the assessment list for Assessment Year 2026–2027 concerning specified properties.

Source reference: para. 1–3

The petitioner contended that, despite the order attaining finality, the respondents failed to provide the extracts, thereby preventing him from filing objections under the statutory procedure.

Source reference: para. 4–5

He further submitted that the NDMC had proceeded to finalise the assessment list and issue a bill dated 27 May 2026 without following Sections 70 and 71 of the New Delhi Municipal Council Act, 1994 (“NDMC Act”).

Source reference: para. 6

During the contempt proceedings, the respondents’ counsel stated that the order dated 12 May 2026 had not been brought to the notice of the concerned NDMC officials, while the petitioner disputed that assertion.

Source reference: para. 8

The respondents nevertheless handed over the relevant assessment-list extracts to the petitioner during the hearing.

Source reference: para. 9
02

Issues

Whether the respondents had wilfully disobeyed the High Court’s order dated 12 May 2026 by failing to provide the petitioner with the specified assessment-list extracts for Assessment Year 2026–2027?

Source reference: para. 1–8

Whether the petitioner was entitled to file objections to the assessment-list extracts and require the NDMC to follow the procedure under Section 70 of the NDMC Act before issuing a final assessment?

Source reference: para. 10–15

Whether the bill dated 27 May 2026, issued without compliance with the Court’s directions and the statutory procedure, was required to be kept in abeyance?

Source reference: para. 14–15
03

Law Applied

The Court applied the procedural safeguards under Sections 70 and 71 of the New Delhi Municipal Council Act, 1994, which require compliance with the statutory assessment procedure and provide the affected person an opportunity to submit objections before finalisation of the assessment.

Source reference: para. 6, 12, 15

It also applied the principle that a clear and mandatory judicial direction must be complied with by the concerned authority; however, the Court did not record a final finding of wilful contempt after the respondents supplied the assessment-list extracts during the proceedings.

Source reference: para. 8–10

The Court further directed that any final assessment must be issued only after following the due procedure prescribed under the NDMC Act.

Source reference: para. 15
04

Reasoning

The Court noted that the original direction to provide the assessment-list extracts was unequivocal, and that the petitioner had asserted non-compliance despite the order having attained finality.

Source reference: para. 3–5

Although the respondents claimed that the order had not been communicated to the concerned NDMC officials, the petitioner disputed this explanation.

Source reference: para. 8

Since the extracts were handed over during the contempt proceedings, the immediate non-compliance was remedied.

Source reference: para. 9

The Court therefore enabled the petitioner to file objections within ten days and required the NDMC to consider them in accordance with Section 70, followed by a fresh decision, preferably within four weeks.

Source reference: para. 9–13

Given that the bill dated 27 May 2026 had allegedly been issued without following the statutory procedure and the Court’s earlier directions, the Court preserved the petitioner’s statutory remedy by directing that the bill remain in abeyance pending completion of the lawful assessment process.

Source reference: para. 14–15
05

Holding

The Court did not impose a contempt sanction or make a conclusive finding of wilful disobedience.

Instead, it accepted the respondents’ production of the assessment-list extracts, granted the petitioner ten days to file objections, and directed the NDMC to duly consider those objections and follow the procedure under Section 70 of the NDMC Act.

Source reference: para. 9–13

The NDMC was directed to pass appropriate orders expeditiously, preferably within four weeks, and to issue the final assessment only after following due process.

Source reference: para. 13–15

The bill dated 27 May 2026 was ordered to be kept in abeyance, and the contempt petition, along with the pending application, was disposed of.

Source reference: para. 14–16
Delhi High Court

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Lalit Mohan KapurvsSh Keshav Chandra And Ors

Delhi High Court · August 03, 2026

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