Calcutta High Court (Appellete Side)
Austin Distributors Pvt. Ltd. & Anr vs C.L Kolkata Municipal Corporation & Ors on 21 April, 2015
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20 21.4.201 WP 7807(w) of 2015
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Austin Distributors Pvt. Ltd. & Anr.
Vs.
c.l Kolkata Municipal Corporation & Ors.
Mr. Kishore Dutta
ar Mr. Shivam Dudhwewala
... For the Petitioners
Mr. Alok Kumar Ghosh
Mr. Swapan Kumar Debnath
... For the K.M.C
Let the affidavit of service filed in Court be
kept with the record.
The petitioners are aggrieved by the annual
valuation of their premises determined by the
Kolkata Municipal Corporation in respect of the
car parking zone of the said premises. On an
application filed by the petitioners the matter
was referred to the Lok Adalat and an award was
passed on February 28, 2015 directing the
Corporation to fix the annual valuation of the
car-parking zone only at a certain rate.
Mr. Kishore Dutta, the learned senior counsel
for the petitioners, submits that the
settlement/compromise in respect of the dispute
with regard to the car parking zone, as recorded
by the learned members of the Lok Adalat has
not been properly recorded and the petitioners
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never compromised their case with the Kolkata
Municipal Corporation.
So far as the valuation with regard to the
other parts of the building is concerned Section
189 of the Kolkata Municipal Corporation Act
1980 provides for an appeal before the Municipal
Assessment Tribunal against an order passed
under Section 188 of the said Act. The Writ
Court is not willing to entertain the writ petition
without the petitioners' first exhausting statutory
remedy.
Mr. Dutta has submitted that the
respondents have not complied with their duties
under Section 188(3) of the said Act inasmuch as the order disposing of the objection raised by the petitioners with regard to the valuation made by the petitioners has not been supplied to them. Mr. Alok Kumar Ghosh, the learned advocate for the K.M.C, inter alia, is not in a position to controvert the allegation.
Be that as it may, the Corporation authorities are directed to supply a copy of the order to the petitioners within 10 days from today so that the petitioners may take appropriate steps on the basis of the order so passed by the Corporation under Section 188 of the said Act.
3The writ petition is disposed of. Mr. Dutta prays for a clarification that with regard to the steps which may be taken by the petitioners the Court has not formed any opinion in this writ petition. Since the Court has not formed any opinion such clarification is unnecessary.
There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Dr. Sambuddha Chakrabarti, J.) 4