Calcutta High Court
The Kolkata Municipal Corporation & Ors vs Merlin Developers & Ors on 4 August, 2016
Author: Manjula Chellur
Bench: Manjula Chellur, Arijit Banerjee
GA No.1954 of 2016
APOT No. 176 of 2016
WP No.734 of 2009
IN THE HIGH COURT AT CALCUTTA
An appeal arising out of the original order passed in
Constitutional Writ Jurisdiction
ORIGINAL SIDE
THE KOLKATA MUNICIPAL CORPORATION & ORS.
Versus
MERLIN DEVELOPERS & ORS.
BEFORE:
The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 4th August, 2016
Appearance
Mr. Alok Kumar Ghosh, Adv. with
Mr. Swapan Kumar Debnath, Adv.
Mr. Debangshu Mondal, Adv.
..for the appellants
Ms. Sananda Mukherjee, Adv.
..for the respondents
On earlier occasion, in APO No.373 of 2014 when a demand for a sum of Rs.40,47,630/- was made for the purpose of construction of box drain which includes supervision charges so as to replace and service the drain running in front of the premises of the construction unit, we referred to provisions of Sections 307 and 289 of the Kolkata Municipal Corporation Act, 1980 and opined that since no regulation to levy such amount under Section 307 and 289 of the Act was framed, the Corporation was not entitled to seek such amount.
Though Mr. Ghosh, learned Advocate for the Corporation brings to our notice Section 316 of the Act, we are not convinced that this is with regard 2 to sewerage and drainage to be provided by the Corporation. This pertains to general powers of Municipal Commissioner to execute work after giving notice to the person liable to pay such charges. It says whether it could bring the expenses of the present nature under this general provision is altogether a different issue. The fact remains subsequent to disposal of APO No.373 of 2014, the Corporation neither challenged the Division Bench order of this Court nor came out with any regulation as indicated in the order.
However, Mr. Ghosh, learned Advocate for the Corporation contends that box drain is different from rider sewerage but is not able to explain what exactly rider sewerage means.
Therefore, we direct the appellants/Corporation's responsible Engineer concerned to place on record an affidavit clarifying how the present rider sewerage is different from box drain referred to in the earlier order of us disposing of APO No.373 of 2014 on 31st October, 2014. The same has to be placed within two weeks from date.
It is made clear that the respondents shall not proceed in compliance of the impugned order further till we decide the above issue.
List this matter three weeks hence.
(MANJULA CHELLUR, CJ.) (ARIJIT BANERJEE, J.) AKGoswami