SONA MAJUMDAR Vs. THE K.M.C.& ORS.
LAWS(CAL)-2012-2-343
HIGH COURT OF CALCUTTA
Decided on February 13,2012

Sona Majumdar Appellant
VERSUS
The K.M.C. And Ors. Respondents

JUDGEMENT

SOUMITRA PAL,J. - (1.) In the writ petition, the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation to issue No Objection Certificate to enable her to obtain clearance from the Urban Land Ceiling Department and to submit the building plan for sanction. It is submitted by Mr.Dey, learned advocate for the Kolkata Municipal Corporation that in the event the petitioner deposits a sum of Rs. 70,020/-, the total dues, as on 2nd February, 2012, No Objection Certificate shall be issued to the petitioner without prejudice to the rights and contentions of the parties in the pending writ petition being W.P.No.72 of 2011 (Sona Majumdar v. The Kolkata Municipal Corporation and Ors).
(2.) Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by granting liberty to the petitioner to deposit a sum of Rs. 70,020/- by 27th February, 2012. If such payment is made, the Assessor/Collector, Kolkata Municipal Corporation, respondent no.3 shall issue No Objection Certificate within a week thereafter. Such payment shall be made without prejudice to the rights and contentions of the parties in W.P.No.72 of 2011 (Sona Majumdar v. The Kolkata Municipal Corporation) . Thereafter, if necessary clearance is obtained from the authorities of the Urban Land Ceiling Department and plan is submitted, the authorities of the Corporation shall process the plan in accordance with the provisions contained in the Kolkata Municipal Corporation Act, 1980.
(3.) Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits controverting the allegations made in the writ petition, allegations made are deemed not to have been admitted by them.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.