- (1.) This writ application is filed by the petitioners for a direction upon the Kolkata Municipal Corporation to refund Drainage Development Fees amounting to Rs.39,14,498/- with interest.
(2.) The facts of this case in a nutshell are as follows:- M/s. Annapurna Glass Works(P) Ltd., submitted a building plan to the respondent no1 for construction of a building at 56 Raja S. C. Mullick Road, Kolkata-700032. By a letter dated January 29, 2003 the respondent no.8 informed M/s. Annapurna Glass Works(P) Ltd. that the respondent no.4 had been pleased to allow deposit of Drainage Development Fees of Rs.39,14,498/- at premises No.56, Raja S. C. Mullick Road, Kolkata- 700032.(hereinafter referred to as the said premises). M/s. Annapurna Glass Works(P) Ltd. paid the aforesaid Drainage Development Fees to the Kolkata Municipal Corporation on March 28, 2003. Consequent upon compliance of other formalities the building plan in respect of the said premises was sanctioned by the respondent corporation. Aforesaid Annapurna Glass Works(P) Ltd., changed the name of the company and a fresh certificate of incorporation dated January 20, 2004 was issued incorporating the changed name of the aforesaid company as "AGW Realtors(P) Ltd'. The aforesaid private limited company is the petitioner no. 1 and its Director is the petitioner no.2 in this writ application.
(3.) Subsequently, the petitioners came to know that by virtue of common judgment dated November 19, 2003 a Single Bench of this court disposed of nine writ applications directing the respondent corporation to accord sanction of building plans without realizing any Drainage Development Fees and to refund such fees, if already realized, holding that the respondent corporation had no right to realise such fees under the provisions of Kolkata Municipal Corporation Act, 1980, Rules or Regulations framed thereunder. The petitioner further came to know that the respondent corporation preferred nine separate appeals against the aforesaid judgment and a Division Bench of this court heard the above appeals along with a writ application which had been referred to the Division Bench on the same point. The Division Bench while dismissing the aforesaid appeals, allowed the above writ application by declaring circular no.08 of 2002/03 in respect of imposition of the Drainage Development Fees as ultra vires statute and the constitution of India as also directing the respondent corporation to refund the Drainage Development Fees collected from the persons concerned with interest @8% per annum from the date of acceptance of the fees till repayment by the corporation.;