- (1.) By this writ application, the petitioners owners of a building have prayed for direction upon the Kolkata Municipal Corporation ("Corporation") to pay the excess amount deposited by them in compliance with the provisions contained in section 189(6) of the Kolkata Municipal Corporation Act ("Act") with interest at the rate of 12% per annum consequent to the decision of the Appellate Tribunal reducing the valuation assessed by the Hearing Officer.
(2.) Being dissatisfied with the decision of the Hearing Officer fixing annual valuation of the premises at Rs.18,580/- the petitioners preferred an appeal being M.A. No.1990 of 1998 before the Municipal Assessment Tribunal and deposited a sum of Rs.53,186/- in terms of section 189(6) of the Act. Ultimately, the Tribunal allowed the appeal in part and after setting aside the order of Hearing Officer fixed the annual valuation at Rs.11,000/- with effect from 3rd quarter, 1994-95. The petitioners wrote letter to the Corporation demanding refund of the excess amount with interest at the rate of 12% per annum after adjusting the tax payable by them in accordance with the appellate order but the Corporation having paid no heed to such demand, the petitioners have come up with the present application.
(3.) Mr. Das, the learned counsel appearing on behalf of the petitioners has placed strong reliance upon the decision of D.P. Kundu, J in the case of Larsen and Toubro Limited and Others v. Calcutta Municipal Corporation and Others reported in 1999 WBLR (Cal) 527 and has contended that under similar circumstances His Lordship directed the Corporation to pay interest at the rate of 12% per annum upon the excess amount although in the said case Corporation refunded the excess amount. Mr. Das further submits that the said decision of Kundu, J has been affirmed by a Division Bench of this Court in APOT No.276 of 2000 in an appeal preferred by Corporation against the said decision.;