Swastik Projects Pirvate Limited & Anr vs Kolkata Municipal Corporation & Ors
2026 Latest Caselaw 2071 Cal/2

Calcutta High Court

Swastik Projects Pirvate Limited & Anr vs Kolkata Municipal Corporation & Ors on 19 March, 2026

OD-02 & 03

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE

WPO/868/2025 Swastik Projects Pirvate Limited & Anr.

Versus Kolkata Municipal Corporation & Ors.

And WPO/3/2026 Swastik Projects Pirvate Limited & Anr.

Versus Kolkata Municipal Corporation & Ors.

Before:

The Hon'ble Justice RAJA BASU CHOWDHURY Date: 19th March 2026

Appearance:

Ms. Ujjaini Chatterjee, Advocate Mr. Sujit Banerjee, Advocate Ms. Ritaja Mukherjee, Advocate for the petitioner Mr. Biswajit Mukherjee, Advocate Ms. Manisha Nath, Advocate Ms. Susmita Chatterjee, Advocate for the KMC Ms. Deboleena Ghosh, Advocate for the Ld. AG

The Court: 1. It appears that in the appearance of the parties in

the order dated 4th February 2026, the name of the petitioners' Advocate

viz. 'Ms. Ujjaini Chatterjee' has been incorrectly recorded as 'Ms. Ujjaini

Mukherjee'. Let the same be corrected. The other portion of the said

order shall remain unaltered.

2. Ms. Ujjaini Chattjeree, learned Advocate representing the

petitioners would submit that the petitioners without prejudice to their

rights in the writ petition are interested to deposit the entire amount on

account of property tax on the basis of the computation made by the

municipal authorities for the period from first quarter 2019-18 to the

fourth quarter 2025-26, which according to her, aggregates to

Rs.5,72,966/-.

3. Mr. Mukherjee, learned Advocate representing the

Corporation would submit that the Corporation is never averse to accept

the rates and taxes, if the petitioners are ready and willing to deposit the

same, be it without prejudice to their rights, such payment is always

welcome.

4. Having regard to the above, leave is granted to the petitioners

to deposit the property tax as may be found due in respect of the

assessee no.1100078 for the period noted hereinabove. Such payment

shall be made without prejudice to their rights in the present writ

petition.

5. It is made clear that in the event the petitioners succeed in

the writ petition, the petitioners may be entitled to the aforesaid sum

alongwith the interest as this Court may think it fit. It is also made clear

that in the event the aforesaid deposit is made, there shall be no

impediment for the municipal authorities to consider the petitioners'

amalgamation application in accordance with law.

5. List this matter for further consideration in the monthly list of

May, 2026.

(RAJA BASU CHOWDHURY, J.)

R. Bose