1974 (3) TMI 118 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of the "doctrine of sterility" to land under construction for rating purposes.
2. Distinction between Indian and English law regarding rateable value.
3. Determination of hypothetical rent for land under construction.
4. Legal provisions governing the assessment of rateable value in India.
5. Interpretation of relevant statutory provisions under the Bombay Municipal Corporation Act.

Detailed Analysis:

1. Applicability of the "doctrine of sterility" to land under construction for rating purposes:
The Division Bench of the Bombay High Court held that land under construction is not rateable until the building is finished, as no tenant could take it in that condition. This is referred to as the "doctrine of sterility." The Supreme Court, however, found that this doctrine does not apply under the Bombay Municipal Corporation Act. The Court emphasized that all land, whether vacant, being built upon, or built upon, is rateable. The Court concluded that land under construction should be rated as vacant land since there is no statutory provision conferring immunity or exemption from rating on such land.

2. Distinction between Indian and English law regarding rateable value:
The appellant Corporation argued that the Division Bench erred in applying the English doctrine of sterility to Indian law. The Supreme Court highlighted the essential distinction between Indian and English law: in India, the basis for determining rateable value is the value to the owner, not the occupier. In England, vacant land is not rateable, while in India, even vacant land is rateable. This distinction is crucial as Indian law focuses on the potential value to the owner rather than actual income or beneficial occupation by a tenant.

3. Determination of hypothetical rent for land under construction:
The respondent contended that land which could not have a hypothetical tenant could have no rateable value. The Supreme Court rejected this argument, stating that the hypothetical rent is determined to ascertain the value of the land to the owner, not to an occupier. The Court noted that the hypothetical rent is calculated based on the land's value to the owner, considering its potential for beneficial occupation. The Court found that land under construction should be rated similarly to vacant land until the construction reaches a stage where it is fit for occupation.

4. Legal provisions governing the assessment of rateable value in India:
The Supreme Court referred to various sections of the Bombay Municipal Corporation Act to analyze the legal framework for assessing rateable value. Section 3(r) defines "land" to include land being built upon. Section 154(1) provides the method for fixing the rateable value by determining the annual rent for which the land or building might reasonably be expected to let. The Court emphasized that the Act recognizes two categories for rating purposes: land which is vacant or not built upon and land which has been built upon. The Court clarified that land under construction should be treated as vacant land for rating purposes until a structure capable of occupation is completed.

5. Interpretation of relevant statutory provisions under the Bombay Municipal Corporation Act:
The Supreme Court examined the relevant statutory provisions and concluded that the Act does not support the application of the doctrine of sterility. The Court noted that the Act requires all land to be rateable, including land under construction. The Court found that the Division Bench's interpretation, which exempted land under construction from rating, was erroneous. The Court directed that the land under construction should be valued as vacant land for rating purposes.

Conclusion:
The Supreme Court allowed the appeal, set aside the judgment of the Division Bench, and directed the Assessor and Collector of Bombay Municipal Corporation to value the land under construction as vacant land for the relevant year. The Court emphasized that the statutory provisions of the Bombay Municipal Corporation Act do not support the doctrine of sterility and that all land, including land under construction, is rateable. The parties were directed to bear their own costs.