Calcutta High Court (Appellete Side)
Neelachal Udyog Limited & Anr vs Kolkata Municipal Corporation Ors on 16 March, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
16.03.2022
Sl. No. 10
ss
W.P.A. 24275 of 2019
Neelachal Udyog Limited & anr.
Vs.
Kolkata Municipal Corporation ors.
Mr. Jatinder Singh Dhatt
... for the petitioners
Mr. Arijit Dey
... for the K.M.C.
Mr. Susanta Pal
... for the State
The petitioner has placed reliance on a circular
dated July 6, 2022 issued by the Municipal
Commissioner, Kolkata Municipal Corporation.
The circular has simplified the process of
mutation of such plots which were originally recorded
as khatals within the jurisdiction of the Corporation.
It is submitted that despite having issued such
circular, the Kolkata Municipal Corporation, has not
taken any steps for mutation of the name of the
petitioner in respect of premises situated at 136E,
Beliaghata Road.
Mr. Dey, learned Advocate appearing on behalf of
the Corporation submits that the circular was not
applicable to the petitioner as the premises has been
recorded in the inspection book as a khatal. It is
further submitted that the Thika Controller, despite
several approaches having been made by the
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Corporation, has not intimated whether the premises
continued to be a khatal or not.
Mr. Pal, learned Advocate who usually appears
on behalf of the State respondents, is engaged in this
matter to appear on behalf of the Thika Controller as this Court has faith on him and his ability to ensure that the matter is resolved, as per law. His appearance be regularized.
Under such circumstances, this Court is of the opinion that the concerned office of the Thika Controller, Kolkata must file a report before this Court, after holding an inspection in presence of the petitioners and the Kolkata Municipal Corporation indicating therein, whether such plot continues to be a khatal at present, or not. This Court prima facie is of the opinion that unnecessary harassments have been caused to the persons who have been in occupation of such areas which are no longer khatals. The policy of the Kolkata Municipal Corporation itself, was to remove all khatals from the city of Kolkata.
According to the orders of the Corporation, there cannot be any khatal within the territorial jurisdiction of the Kolkata Municipal Corporation. Thus, the inaction on the part of the respondents has troubled the Court. Series of similarly situated person have not been granted mutation.
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Let such report of the Thika Controller, be filed on April 7, 2022 when the matter will appear next, as urgent motion.
Petitioner is directed to serve a copy of this order upon the concerned office of the Thika Controller, Kolkata.
All parties are to act on website copy of this order.
(Shampa Sarkar, J.)