The Delhi Municipal Corporation Act, 1957

Recovery of expenses or compensation in case of dispute

452. Reference to the court of the district judge in certain cases.-

(1) If, when the Commissioner demands payment of any expenses referred to in section 446, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Commissioner shall ¹[refer the case for determination-

(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 317, 325, 343, 344 and 345;

(b) to the court of the district judge of Delhi, in any other case.]

(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in section 446.

1. Subs. by Act 42 of 1984, s. 8, for "refer the case for determination to the court of the district judge of Delhi." (w.e.f. 10-2-1986).

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