Calcutta High Court
Forum Projects Pvt. Ltd. & Anr vs Kolkata Municipal Corporation & Ors on 11 July, 2013
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WP No. 546 of 2012
FORUM PROJECTS PVT. LTD. & ANR.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA
Date : 11th July, 2013.
Appearance:
Mr. S. Mukherjee, Sr. Adv.
... for the Petitioners Mr. A. K. Banerjee, Ld. GP.
Mr. B. Mukherjee, Adv.
Mr. D. Mondal, Adv.
... for the K.M.C. This Court: The annual valuation of the petitioners' premises, being premises No. 1001/A, Eastern Metropolitan By-Pass with effect from the second quarter of 2010-11, was assessed by the municipal authority at Rs.7,77,77,780/. The copy of the assessment order has not been supplied to the petitioners.
Section 188(3) of the Kolkata Municipal Corporation Act of 1980 gives a mandate upon the municipal authority to supply a copy of the assessment order to the person who objected to such assessment. As a matter of fact, time for filing an appeal for challenging the said order before the appellate forum will run from the date of supply of the copy of such assessment order to the objector. 2
Since copy of the said assessment order has not yet been served upon the petitioners, the petitioners have filed the instant writ petition seeking issuance of direction upon the municipal authority for supply of a copy of the said assessment order to the petitioners. The petitioners have also claimed some other reliefs for setting aside the said assessment order dated 5th April, 2012 and cancellation of the red card and the purported demand on account of property tax on the basis of such assessment.
Mr. Mukherjee, learned Senior Advocate appearing for the petitioners, submits that for the time being his clients are not pressing the other reliefs as claimed in the writ petition, excepting the relief which is claimed in prayer 'c'; wherein a direction was sought for upon the municipal authority to supply copy of the said assessment order to the petitioners forthwith, as the issues connected with those reliefs, cannot be conveniently tried in the absence of the impugned assessment order.
Mr. Banerjee, learned Senior Counsel appearing for the Municipal Authority, submits that his clients will supply a copy of the said assessment order to the petitioners within 10 days from date.
In the context of the aforesaid submission made by the learned Counsel of the parties, this Court is of the view that no useful purpose will be served by keeping this writ petition pending anymore. Accordingly, the writ petition is disposed of with a direction upon the municipal authority to supply a copy of the said assessment order dated 5th April, 2012 to the petitioners within 10 days from date.3
It is made clear that since the other points, raised in the writ petition, are not agitated before this Court at this stage, this Court has not considered the merit of those points, raised in the writ petition.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(JYOTIRMAY BHATTACHARYA, J.) sg2