Calcutta High Court
S.K. Mal Commercial Services (P) Ltd. & ... vs The Kolkata Municipal Corporation & Ors on 19 December, 2019
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OD-100
WP 548 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
S.K. MAL COMMERCIAL SERVICES (P) LTD. & ANR.
Versus
THE KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 19th December, 2019.
Appearance:
Mr. Alok Kumar Ghosh, Adv.
Mr. Dilip Kumar Chatterjee, Adv.
Mr. Swapan Debnath, Adv.
...for the K.M.C
The Court : None appears on behalf of the petitioner
even in the second call.
This writ petition pertains to Drainage Development
charges which had been claimed by the Kolkata Municipal
Corporation.
It is submitted on behalf of the Corporation that in
view of the decision passed by the Hon'ble Division Bench in The
Kolkata Municipal Corporation & Ors. -vs- Hindustan Lever
Limited & Ors. in APO No. 344 of 2009 with WP No. 2332 of 2003,
the power and authority of the Corporation to claim Drainage
Development charges has been upheld. Counsel on behalf of the
Corporation also submits that in view of the subsequent events
and the change of law nothing survives in the writ petition.
Additionally, the relevant section under challenge being Section
393 of the Kolkata Corporation Act has also been subsequently
upheld by the Hon'ble Division bench.
There is nothing which the petitioner has been able to
show to controvert the submissions made on behalf of the
respondent Corporation.
In such view of the matter, it is submitted that the instant writ petition being WP No. 548 of 2010 has become infructuous and no useful purpose would be served in keeping the same alive. The Corporation is at liberty to act in accordance with law.
Accordingly, WP No. 548 of 2010 stands dismissed. Interim orders, if any, stand vacated.
(RAVI KRISHAN KAPUR, J.) SK.