A will is included in the definition of “building” under Section 2 (d) of CANTONMENTS ACT, 2006. The Board is trying to abdicate it responsibility of assessing the well. It is squarely the responsibility of Board to assess tax payable on well. You will get favorable direction from High Court to Board.
Property tax on a big defunct unused dry well in a cantonment
Hi, We have a 1300 Sq yards property in a Cantonment which has a 160 sq yards constructed area, 350 square yards big unused dry well of 30 feet depth and rest is open land. We applied for property tax assessment of the property tax and cantonment didnt take any action for 6 months. We even bought the NOC from Tahsildar stating this is a private property. We filed a writ in high court asking for direct the cantonment board to assess the board taxes. Cantonment has filed a counter stating there is big dry unused defunct well in the property and cantonment cannot assess the taxes on this property due to the private well. I would like to find out if property taxes can be given on dry well or not. If property taxes can be given on dry well, how to proceed further. If anyone knows any references of other court cases which can help me in getting the property taxes, i shall appreciate it. Thanks in Advance
Asked 3 years ago in Property Law
Religion: Muslim
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4 Answers
You must go through the laws governed by Cantonment board for this purpose.
If the board states that it cannot assess the taxes on the property just because of the well situated in the land, you may ask for board about the next alternative to assess the tax for the property.
You can also suggest that you are ready and willing to close the defunct well by taking necessary steps on this.
Since the matter is still pending in high court, there is no point in giving any further opinion to this because it will be a prejudice to the matter which is still sub-judice
You need to apply to the officer or corporation tk determine the same. He will do the detailed assessment and fix the same.
Dear Client,
Since the matter is already sub-judice, it would be a prejudice to the matter in case of any further opinion.
However, it is advisable to follow the provisions mentioned under the Cantonment Act, 2006, wherein, under Section 2(d), 'well' is included in the definition of "Building".
You may request your lawyer to proceed accordingly.
Thank you.
