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Delhi High Court Upholds MCD’s Higher Property Tax on Three-Star-Plus Hotels

The judge held that tourism star grades provide an objective marker linked to hotels’ capacity to pay.

Overview

  • Dismissing a batch of petitions, the court validated the uniform Use Factor of 10 and a 20% property tax rate on hotels rated three-star and above.
  • Justice Purushaindra Kumar Kaurav ruled the star-based classification meets Article 14 as an intelligible differentia with a rational nexus to revenue objectives rooted in economic equity.
  • The court applied the doctrine of approbation and reprobation, holding that hotels benefiting from star accreditation cannot repudiate its fiscal consequences.
  • Basements, stilts, and other enclosed non-FAR areas will count toward covered space for valuation because such ancillary spaces support a hotel’s functioning and income potential.
  • The Municipal Valuation Committee-V process and the MCD’s adoption were found compliant with Sections 116A–116C of the DMC Act, with many petitions coming from erstwhile five-star hotels reclassified in 2022.