Calcutta High Court (Appellete Side)
Md. Wasim Akram & Anr vs The Kolkata Municipal Corporation & Ors on 12 March, 2015
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
06 12.03.15. W.P. 33099 (W) of 2014
ab
Md. Wasim Akram & Anr.
Vs
The Kolkata Municipal Corporation & Ors.
Mr. Partha Sarathi Bhattacharyya
Mr. Syed Shafi Ahmed
... For the Petitioners.
Mr. Ambar Nath Banerji
Mr. Gopal Das
... For the K.M.C.
Though this writ petition has been listed today under the
heading "To Be Mentioned", this writ petition is being taken up for
hearing at this stage only on consent of the learned Counsel
appearing for the parties.
The petitioners questions the legality of enhancement of
annual valuation pertaining to premises no. 11/1, Collin Lane,
Kolkata -700016 from Rs. 15,660/- to Rs. 45,680/- with effect from
second quarter of 2006-2007. Mr. Bhattacharyya, learned Counsel
appearing for the petitioners has submitted that the valuation in this
case was enhanced without giving any prior notice of hearing to the
petitioners. Learned Counsel appearing for the Municipal Corporation
could not be produce any evidence of service of notice and at the
same time submitted that his clients were willing to reexamine the
matter upon hearing the petitioners afresh.
In this proceeding, the stand of the petitioners is that neither
hearing notice nor the order by which the annual valuation of the
property was enhanced was served on them. This has been pleaded in
paragraph 7 of the writ petition.
In such circumstances, I direct the respondent municipal
corporation not to rely upon any order pertaining to enhancement of 2 annual valuation of the subject property with effect from second quarter on 2006-2007. Such orders if passed, shall remain permanently stayed. The petitioners will be given fresh opportunity of hearing pertaining to annual valuation for the same period and upon hearing, decision shall be taken by the Kolkata Municipal Corporation afresh in accordance with law.
The writ petition stands disposed of in the above terms. There shall, however be, no order as to costs.
Urgent photostat certified copy of this order, if applied for, shall be supplied to the learned Counsel for the parties as expeditiously as possible, in compliance of usual formalities.
(Aniruddha Bose, J.)