AIR 2002 BOMBAY 295 ::2002 (2) Mah LJ 807 ::2002 (1) Bom LR 762 ::2002 Bom LR 1 762

Bombay High Court

Hon'ble Judge(s): R. M. S. Khandeparkar , J

(A) Mumbai Municipal Corporation Act (3 of 1888) , S.154, S.155— Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.5(10), S.11— Property tax - Rateable value of building - Determination - Authorities have to take into consideration provisions of Municipal Act as well as Rent Act. For the purpose of arriving at a rateable value of a building, the principle that the annual rent which the owner of the premises expected to get if the premises were let out to a hypothetical tenant, is to be accepted, at the same time, various other relevant factors can also be taken into consideration without ignoring the restrictions imposed under the Rent Legislation in the State pertaining to the rent amount which can be demanded by the landlord from the tenant and the prohibition for demand in excess to standard rent to be calculated under the Rent Legislation in the State. Undoubtedly, this would be subject to the provisions contained in the Municipal Act inasmuch as where such Act provides for a method and manner of determination of rateable value in which case those provisions would be applicable and would have to be followed, and in that case, there can be no restriction for the rateable value to be equal or less than the standard rent. But in the absence of the method for fixation of the rateable value under the Municipal Act, the authority canno....