Calcutta High Court (Appellete Side)
Vvf (India) Limited vs The Kolkata Municipal Corporation & Ors on 7 September, 2021
Author: Shampa Sarkar
Bench: Shampa Sarkar
07.09.2021 Sl. No.21 srm W.P.A. No. 11820 of 2021 VVF (India) Limited Vs. The Kolkata Municipal Corporation & Ors. Mr. Abhratosh Majumdar, Mr. Sayan Sinha, Mr. Deepak Kumar Basu, Mr. Mainak Swarnakar ...for the Petitioner.
Mr. Srijan Nayek, Ms. Tanushree Dasgupta ...for the Kolkata Municipal Corporation. Affidavit of service filed by the petitioner is taken on record.
The writ petitioner alleges that the Kolkata Municipal Corporation has wrongly recorded its name as the owner in respect of the premises situated at 7, Tiljala Road, Police Station-Tiljala, Kolkata-700039. It is submitted that the Calcutta Chemical Company Limited was the owner of the property. The Calcutta Chemical Company Limited was renamed as Henkel India Limited. Thereafter, the petitioner purchased the property from Henkel India Limited.
Records reveal that up to 2015 the Calcutta Chemical Company Limited was recorded as the owner as per the tax receipts annexed to the writ petition. Thereafter since 2016 2 Kolkata Municipal Corporation has been recorded as the owner with the Calcutta Chemical Company Limited as the occupier.
According to the petitioner, the said ownership of the Kolkata Municipal Corporation is disputed and the Kolkata Municipal Corporation should substantiate with supporting documents as to how the ownership changed from Calcutta Chemical Company Limited to Kolkata Municipal Corporation.
Having heard the learned Advocates for the respective parties, this Court is of the opinion that the matter has to be decided on affidavits.
Let affidavit-in-opposition be filed within eight weeks; reply thereto, if any, be filed within two weeks thereafter.
Liberty is given to the parties to mention the matter before the appropriate Bench after expiry of the abovementioned period.
Pendency of the writ petition shall not preclude the Kolkata Municipal Corporation from calling the petitioner and any other interested party for a hearing to substantiate their claims with papers and documents as owners, in case the petitioner approaches the authority.
At the time of hearing, the petitioner shall be entitled to inspect the records. The competent authority of the Kolkata 3 Municipal Corporation shall hear the petitioner and others and thereafter come to a decision with regard to the contentions of the petitioner in the writ petition.
(Shampa Sarkar, J.)