M/S. BENGAL PROPERTIES PVT. LTD. & ANR. Vs. CALCUTTA MUNICIPAL CORPORATION & ORS.
HIGH COURT OF CALCUTTA
M/S. Bengal Properties Pvt. Ltd. And Anr.
Calcutta Municipal Corporation And Ors.
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Kalyan Jyoti Sengupta, J. -
(1.)This writ petition is directed against the action of the Kolkata Municipal Corporation (hereinafter referred to as the said Corporation) in sealing the deep tubewell installation at the petitioners' premises, which is the only source of having wholesome water of the said building. The admitted fact is that the petitioners on obtaining prior licence sank deep tubewell and upon payment of fees for each and every year and also other charges.
(2.)Like all the previous years the petitioners this time duly applied for renewal of licence to the said Corporation and also paid additional drainage and sewerage charges as a condition precedent for getting renewal of such licence. In spite of tendering requisite licence fee the said Corporation authority refused to renew such licence and consequently sealed this deep tubewell. The Corporation authority refused to renew licence as aforesaid on the strength of terms and conditions laid down by the Commissioner purportedly on prior approval granted by resolution said to have been adopted by Mayor-in-Council. By the said resolution it has been decided that no licence to install power operated deep tubewell and/or shallow tubewell in any premises shall be granted by the respondent No. 1, where there is network of supply of filtered water of the respondent No. 1. In cases of existing deep tubewell/shallow tubewell renewal of licence after 31st March, 2003 has been subjected to following conditions :
(i) There shall not remain any outstanding dues of property tax and/or any other statutory taxes, fees or rates.
(ii) If there is network of supply of filtered water of the KMC, the licensee shall have to opt for such water supply in place of deep tubewell/shallow tubewell.
(iii) Technical clearance by the water supply Department encompassing environmental, public health and hygiene standard shall be required.
(3.)At the ad interim stage this Court was pleased to pass an order dated 3rd Jan., 2003 and directed the petitioners to remove the seal on tendering a sum of Rs. 2,900.00 by the petitioners within 4th April, 2003.
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