Merlin Projects Limited & Ors vs Kolkata Municipal Corporation & ...
2023 Latest Caselaw 1708 Cal

15.03.2023
Item No.10
Court No.6.
    S. De
                                    M.A.T. 420 of 2023
                                            With
                                  I.A. No. CAN 1 of 2023

                        Merlin Projects Limited & Ors.
                                      Vs
                     Kolkata Municipal Corporation & Ors.

                    Mr. Arindam Banerjee,
                    Ms. Rajshree Kajaria,
                    Ms. V. Kedia,
                                      ...for the appellants.
                    Mr. Alak Kr. Ghosh,
                    Mr. Swapan Kr. Debnath,
                                      ...for the K.M.C.
                    Mr. Satyajit Talukder,
                                      ...for the K.M.D.A.

                    A judgment and order dated February 8, 2023

              whereby the writ petition of the appellants being WPA

              3061 of 2020 was disposed of, is under challenge in

              this appeal.

                    The petitioners approached the learned Single

              Judge assailing the notices of hearing issued by the

              Municipal Commissioner.         The writ petitioners took

              exception      to   the   methodology   adopted   by   the

              Corporation in assessing the concerned property as

              appeared from the notices of hearing.

                    The learned Judge noted that the objection of

              the writ petitioners was pending consideration at the

              end of the Corporation.         Accordingly, the learned

              Judge disposed of the writ petition with the following

              observations:-
                                  2




            "As it appears that the objection filed
            by      the     petitioners     is      pending
            consideration at the end of the Kolkata
            Municipal Corporation, accordingly, the
            present writ petition is disposed of by
            directing the Municipal Commissioner,
            Kolkata Municipal Corporation, being
            the respondent no.2, to take a decision

on the objection filed by the petitioners on December 24, 2019 strictly in accordance with law after giving reasonable opportunity of hearing to the petitioners and all other necessary parties and pass a reasoned order within a period of twelve weeks from the date of communication of a copy of this order and communicate the reasoned order to the parties immediately thereafter.

The petitioners will be entitled to rely upon the provisions of law and the decisions delivered by the Court in similar issues at the time of hearing.

It is made clear that this Court has not entered into the merits of the claim of the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the objection."

Being aggrieved, the writ petitioners have come

up by way of this appeal.

Mr. Banerjee, learned advocate appearing for the

appellants/writ petitioners says that having a hearing

before the Municipal Commissioner would be

an exercise in futility since the law is now settled that

property owned by Kolkata Metropolitan Development

Authority has to be assessed under the provisions of

Section 176 and not under Section 174(2) of the

Kolokata Municipal Corporation Act. He says that the

notices of hearing should be quashed.

We have heard Mr. Banerjee at some length. He

seeks some time to cite relevant decisions covering the

issue in question.

List the matter once again on March 20, 2023.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)