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Indian Laws - Highlights / Catch Notes

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Exemption from payment of property tax under the provisions of ...


Enemy Properties Managed by Custodian Are Not Owned by Union; Local Taxes Can Be Levied and Collected by Appellant.

February 26, 2024

Case Laws     Indian Laws     SC

Exemption from payment of property tax under the provisions of the UP Municipal Corporation Adhiniyam, 1959 - The Supreme Court held that, the enemy properties vest in the Custodian as a trustee only for the management and administration of such properties. - Union of India cannot assume ownership of the enemy properties once the said property is vested in the Custodian. This is because, there is no transfer of ownership from the owner of the enemy property to the Custodian and consequently, there is no ownership rights transferred to the Union of India. Therefore, the enemy properties which vest in the Custodian are not Union properties. - The appellant shall be entitled to levy and collect the property tax as well as water tax and sewerage charges and any other local taxes in accordance with law.

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