On court’s direction, Mantri Mall management submits a cheque for Rs 4 crore as a security deposit towards property tax dues. HC has further directed mall to subsequently issue a DD for Rs 2 crore to BBMP and take back the security deposit cheque
BENGALURU:
Nearly five days after BBMP officials sealed one of the city’s biggest shopping destinations — Mantri Square Mall at Malleswaram – the mall was unsealed at 10 pm on Friday following the intervention of the Karnataka High Court. The Mantri Mall management submitted a cheque for Rs 4 crore made out in favour of the BBMP Chief Commissioner as per the High Court order.
BBMP’s West zone officials had sealed the mall on Monday on the grounds that the mall management had failed to pay property tax dues of Rs 27.22 crore.
Read here: For the second time in 9 months, BBMP seals property tax-defaulting Mantri Mall
The extreme step of sealing the mall, on the instructions of BBMP Chief Commissioner Gaurav Gupta, was taken because the civic agency is reportedly facing a funds crunch. Gupta had directed his team to collect Mantri Mall’s total property tax dues before unsealing it. However, observers pointed out that BBMP’ action in sealing the mall was legally unsound under both the KMC Act 1976 and the BBMP Act 2020.
ಇದನ್ನೂ ಓದಿ: ಕರ್ನಾಟಕ ಹೈಕೋರ್ಟ್ ಮಧ್ಯಪ್ರವೇಶದ ನಂತರ, ಮಂತ್ರಿ ಮಾಲ್ಗೆ ಹಾಕಲಾಗಿರುವ ಬೀಗ ತೆರವಿಗೆ ಬಿಬಿಎಂಪಿಗೆ ಆದೇಶ
For its part, the Mantri Mall management had alleged that it was being ‘targeted’ because of ‘media pressure’ while bigger property tax defaulters remain untouched.
Read here: Babu raj: BBMP officer blocks entry to Mantri Mall over property tax dues
HC directive
Anil Kumar A, representing Abhishek Propbuild Pvt Ltd, said in a letter addressed to BBMP’s West zone Joint Commissioner, a copy which was marked to the Chief Commissioner: “We would like to inform you that we have filed a writ petition before hon’ble High Court of Karnataka for reopening of Mantri Square Mall in WP No. 22759/2021. The said matter came up for hearing today (10-12-2021), and the hon’ble court has directed the Joint Commissioner to open the keys immediately on Abhishek Propbuild Pvt. Ltd handing over a cheque for Rs 4 crore on 10-12-2021 by the end of the day, to hold as the security deposit till Monday (13-12 2021).”
His letter added: “The hon’ble court has also directed Abhishek Propbuild Pvt. Ltd to hand over a DD for Rs 2 crore towards the property tax amount and there is a direction for the Joint Commissioner to return the cheque of Rs 4 crore to Abhishek Propbuild Pvt Ltd on receipt of the DD for Rs 2 crore.
“We are handing over the cheque bearing No. 124258, drawn on Canara Bank, LCB Branch Bangalore, for Rs 4 crore dated 10-12-2021…. “In consideration of the above, we request you to direct your officers to open the keys of Mantri Square Mall, Bangalore forthwith,” Anil Kumar A’s letter said.
Counsel for the petitioners Shyam Sundar MS emphasized the fact that the locking of the premises by BBMP on account of a default in payment of tax is contrary to law, as there is no provision under the Karnataka Municipal Corporations Act, 1976 or the Bruhat Bengaluru Mahanagara Palike Act, 2020 to lock a premise which has been in default in payment of property tax.
BS Karthikeyan, counsel for BBMP, disputed the submissions of the mall’s counsel.
CamScanner-12-10-2021-19.08.10Both wrong: HC
Following arguments, Justice M Nagaprasanna said: “Prima facie, I find that the act of both the petitioners being in default of payment of tax and the Bruhat Bengaluru Mahanagara Palike locking the premises for non-payment of tax is contrary to law.
“However, to balance the situation, an interim order as a prayer for, with regard to the opening of the mall, is granted, subject to the petitioner paying a sum of Rs 2 crore by the end of the day. Since the day has now come to an end and tomorrow and Sunday being holidays for the bank, learned counsel would submit that he would deposit a cheque for Rs 4 crore with the Bruhat Bengaluru Mahanagara Palike before the end of the day and would replace the same with a demand draft of Rs 2 crore before 12 noon on Monday, 13.12.2021.”
The matter has been further listed for Monday, December 13, at 2.30 pm.
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